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UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


UNIVERSITY  OF  CALIFORNIA 


LOS  ANGELES 

JUN  7    1955 

R  K  P  O  R  X     EDUCATION  LIBRAR  f 


OF 


The  Commission  to  Examine  and  Revise 
the  School  Law  of  the  State 


AND 


To  Recommend  Changes  in 

the  Same 


A 


■  •   194: 


Columbia,  S.  C. 

Gonzales  and  Bryan,  State  Printers 

1910-1911 


;; 


^ocuth     Q-zYo\\nz..  i   ~Lo 


REPORT 


OF 


The  Commission  to  Exai..ine  and  Revise 
the  School  Law  of  the  State 


AND 


To  Recommend  Changes  in 

the  Same 


Columbia,  S.    Z. 

Gonzales  and  Bryan,  S  ate  Printers 

1910-1911 


s. 

scso 

ScU5 


10 


Joint  Resolution  Creating  trie  Commis- 

sion. 

A  Joint  Resolution  to  Provide  for  a  Commission  to  Examine  and 
Revise  the  School  Law  of  the  State,  and  to  Recommend  Changes 
in  the  Same. 

Section  1.  Be  it  resolved  by  the  General  Assembly  of  the  State 
of  South  Carolina,  That  the  State  Superintendent  of  Education, 
Inspector  of  High  Schools,  the  President  of  one  of  the  State  Institu- 
tions of  higher  learning,  one  person  familiar  with  graded  and  com- 
mon school  systems,  and  one  person  learned  in  the  law,  are  hereby 
constituted  a  Commission  to  carefully  examine  and  revise  the  com- 
mon and  high  school  laws  of  the  State,  with  power  to  recommend 
any  changes  in  the  existing  law  by  bill  or  otherwise,  and  shall  report 
to  the  next  session  of  the  General  Assembly. 

Sec.  2.  That  the  members  of  said  Commission,  not  herein  specifi- 
cally designated,  shall  be  appointed  by  the  Governor. 

Sec.  3.  The  members  of  said  Commission  shall  serve  without  com- 
pensation, but  shall  be  paid  actual  necessary  expenses,  itemized  state- 
ments of  which  shall  be  duly  sworn  to,  be  submitted  to  the  General 
Assembly  at  its  next  session. 

Approved  the  23d  day  of  February,  A.  D.  1910. 

In  pursuance  of  the  above  Joint  Resolution,  I  lis  Excellency,  M.  F 
Ansel,  Governor,  appointed  President  D.  B.  Johnson,  Superintendent 
S.  H.  Edmunds,  and  Hon.  M.  L.  Smith  to  places  on  the  Commission, 
and  issued  the  necessary  commissions  to  the  members  constituting 
the  Commission. 


Report. 


Columbia,  S.  C,  January  2,  1911. 
To  the  Honorable  the  General  Assembly  of  the   State  of   South 
Carolina : 

In  obedience  to  the  command  of  your  honorable  body,  your  Com- 
mission to  Examine  and  Revise  the  School  Law  of  the  State,  and  to 
Recommend  Changes  in  the  Same,  begs  leave  to  submit  the  accom- 
panying report.  The  Commission  has  made  a  diligent  study  of  our 
present  school  law,  a  careful  comparison  of  the  best  school  legisla- 
tion of  other  States,  and  has  sought  to  incorporate  in  its  report  that 
which  seems  best  adapted  to  our  needs  and  condition. 

For  your  conveniece,  the  Commission  offers  its  report  in  the  form 
of  parallel  pages — the  text  of  the  proposed  law  being  placed  on  the 
left-hand  pages  of  the  report,  and  the  notes  on  the  text  on  the  right- 
hand.  A  glance  at  the  report  shows  that  comparatively  few  funda- 
mental changes  are  recommended.  An  effort  has  been  made  to  give 
unity  and  strength  to  the  present  law,  and  to  add  to  the  present  law 
such  features  as  seemed  absolutely  necessary  to  make  the  proposed 
law  effective. 

The  Commission  does  consider  that  the  results  of  its  labors  are 
perfect,  but  it  firmly  believes  that  it  has  evolved  a  workable  law 
which  will  speedily  bring  about  some  needed  improvements  in  organ- 
ization and  system,  and  one  which  will  eventually  give  us  an  excel- 
lent system  of  public  education.  The  members  of  the  Commission 
made  many  individual  concessions  to  the  better  judgment  of  the 
majority,  and  they  unanimously  and  respectfully  recommend  that  this 
report  become  the  School  Law  of  the  State. 

In  the  discharge  of  its  duties  the  Commission  has  held  the  follow- 
ing meetings,  each  in  Columbia : 

April  4,  one  session. 

April  16,  one  session. 

May  14,  one  session. 

June  4,  one  session. 

August  4,  two  sessions. 

August  31,  three  sessions. 

September  1,  three  sessions. 

September  2,  one  session. 

September  9,  three  sessions. 


September  10,  one  session. 

October  1,  three  sessions. 

October  15,  two  sessions. 

October  22,  one  session. 

November  12,  three  sessions. 

November  30,  three  sessions. 

December  17,  two  sessions. 

December  31,  two  sessions. 

January  2,  one  session.     Total,  34  sessions. 

The  Commission  wishes  to  express  its  sincere  thanks  to  your  hon- 
orable body  and  to  the  Governor  of  the  State,  for  the  confidence 
reposed  in  its  members  by  authorizing  them  to  undertake  so  impor- 
tant a  work  for  the  children  and  the  tax  payers  of  the  State. 

Respectfully, 

J.  E.  SWEARINGEN, 
State  Superintendent  of  Education,  Chairman, 

W.  H.  HAND, 
State  Inspector  of  High  Schools,  Secretary, 

D.  B.  JOHNSON. 
President  of  Winthrop  College, 

S.  H.  EDMUNDS, 
Superintendent  Sumter  City  Schools, 
M.  L.  SMITH, 
Attorney  at  Law,  Camden,  S.  C. 


Summary '  of   Important   Recommenda- 

tions. 

The  Commission  has  endeavored  to  make  a  practical  and  progres- 
sive report.  It  has  sought  to  retain  the  hest  features  of  the  present 
law  and  to  avoid  radical  or  revolutionary  changes.  It  has  been 
compelled,  however,  to  recommend  some  important  and  far-reaching 
alterations  in  order  that  the  new  school  law  may  help  to  meet  pres- 
ent needs  and  to  improve  present  conditions. 

1.  An  amendment  to  Section  2,  Article  II,  and  to  Section  24,  Arti- 
cle III,  of  the  Constitution,  will  remove  the  obstacle  that  prevents 
many  of  our  best  men  from  serving  as  school  trustees.  Though  the 
Constitution  forbids  the  holding  of  two  offices,  this  provision  has,  bv 
common  consent,  been  widely  disregarded.  This  amendment  seeks 
merely  to  legalize  service  to  education  when  rendered  in  connection 
with  other  service  to  the  State. 

2.  The  State  Superintendent  of  Education  is  held  responsible  for 
the  acts  of  the  State  Board  of  Education,  and,  in  the  opinion  of  the 
Commission,  he  should  have  some  voice  in  selecting  its  members. 
It  is,  therefore,  recommended  that  Section  2,  Article  XI,  of  the  Con- 
stitution, be  amended  so  that  henceforth  the  Governor  shall  appoint 
the  State  Board  of  Education,  upon  the  recommendation  of  the  State 
Superintendent. 

3.  The  Commission  recommends  the  appointment  of  a  State  Board 
of  Examiners  for  teachers  in  order  that  the  present  varying  stand- 
arris  may  be  harmonized  by  the  establishment  of  a  uniform  method 
in  the  examination  and  gradation  of  applicants  to  teach. 

4.  The  County  Board  of  Education  is  given  larger  powers  in  three 
important  respects : 

a.  To  levy  a  special  county  tax, 

b.  To  apportion  public  school  funds. 

c.  To  choose  from  eligible  applicants  the  County  Superintendent 
of  Education  to  serve  for  a  term  of  four  years. 

■  >.  Idle  right  of  all  special  school  districts  organized  under  special 
Acts  of  the  General  Assembly  to  adopt  their  own  text-books  has 
been  withdrawn.  .  The  State  Superintendent  of  Education  is 
empowered  to  appoint  a  text-book  commission,  composed  of  five 
public  school  men,  to  act  concurrently  with  the  State  Board  of  Edu- 
cation to  adopt  a  dual  list  of  text-books  and  to  prescribe  unified 
courses  of  study  for  all  the  free  public  schools  of  the  State. 

6.  The  members  of  the  Stale  Board  of  Examiners  for  teachers 
shall  >erve  also  as  Division  Supervisors  of  schools,  who.  under  the 


direction  of  the  State  Superintendent,  shall  audit  school  accounts 
and  perform  such  other  duties  as  may  be  assigned. 

7.  The  County  Superintendent  of  Education  is  to  be  elected  by  the 
County  Board  of  Education,  in  order  that  restricted  qualifications 
may  be  demanded  of  all  applicants.  The  term  of  the  County  Super- 
intendent is  made  four  years,  and  the  minimum  salary  in  any  county 
is  $1,200. 

8.  The  Slate  High  School  law  is  simplified  and  strengthened,  and 
the  high  school  appropriation  increased  to  $75,000. 

!).  The  State  Board  of  Education  is  authorized  to  classify  under  a 
recognized  nomenclature  the  schools  and  colleges  of  the  State. 

10.  County  Boards  of  Education  and  School  District  Boards  of 
Trustees  are  made  continuing  bodies  in  order  that  a  majority  of  their 
members  may  be  able,  at  all  times,  to  form  legal  contracts. 

11.  An  adequate  system  of  reports  is  provided  in  order  that  school 
statistics  may  be  reliable. 

12.  The  State  Superintendent  of  Education  is  required  to  keep 
a  correct  account  of  all  school  bonds  and  tax  levies  provided  for 
their  retirement. 

13.  Each  County  Superintendent  of  Education  is  required  to  sub- 
mit to  the  grand  jury  a  written  report  showing,  by  school  districts, 
all  receipts  and  disbursements  made  by  him. 

14.  All  alterations  of  whatsoever  kind  in  school  district  lines  must 
be  recorded  by  the  Clerk  of  Court.  Since  the  school  district  lias 
been  made  the  unit  of  taxation  for  school  purposes,  it  is  absolutely 
necessary  that  school  district  lines  be.  clearly  and  definitely  estab- 
lished. 

15.  The  most  fundamental  change  uecommended  in  the  report  is 
the  new  definition  of  enrollment,  which  bases  the  apportionment  of 
public  school  funds  on  the  average  attendance  of  pupils.     Under  this 
definition  the  teacher,  the  school,  and  the  district  lose  money  en 
day  a  pupil  is  absent,  and  gain  every  day  he  is  present. 

16.  An  attempt  is  made  to  establish  a  permanent  Slate  school 
fund  and  a  permanent  building  fund. 

17.  The  additional  expenditures  required  by  this  report  will  lie 
increased  salaries  for  County  Superintendents  of  Education,  a  small 
appropriation  guaranteeing  to  each  school  district  one  separate 
school  for  three  months  for  pupils  <>f  each  race,  the  salaries  of  the 
Division  Supervisors,  all  of  which  will  impose  only  slight  expendi- 
tures above  present  appropriations  made  either  by  tin-  several  coun- 
ties or  by  the  General  Assembly. 


8 


Amendments  to  the  Constitution. 


Art.  II,  Sec.  2.  Every  qualified  elector  shall  be  eligible  to  any  office 
to  be  voted  for,  unless  disqualified  by  age,  as  prescribed  in  this  Con- 
stitution. But  no  person  shall  hold  two  offices  of  honor  or  profit  at 
the  same  time:  Provided,  That  any  person  holding  another  office 
may  at  the  same  time  be  an  officer  in  the  militia,  a  notary  public, 
or  a  school  trustee. 

Art.  III.  Sec.  24.  No  person  shall  be  eligible  to  a  seat  in  the  Gen- 
eral Assembly  while  he  holds  any  office  or  position  of  profit  or  trust 
under  this  State,  the  United  States  of  America,  or  any  of  them,  or 
under  any  other  power,  except  officers  in  the  militia,  notaries  public, 
and  school  trustees. 

Art.  XI,  Sec.  2.  There  shall  be  a  State  Board  of  Education,  com- 
posed of  the  Governor,  the  State  Superintendent  of  Education,  and 
not  exceeding  seven  persons  to  lie  appointed  every  four  years  by  the 
Governor  upon  the  recommendation  of  the  State  Superintendent,  of 
which  board  the  Governor  shall  be  chairman,  and  the  State  Superin- 
tendent of  Education,  secretary.  This  board  shall  have  the  regula- 
tion of  the  examination  of  teachers  applying  for  certificates  of  quali- 
ii cation,  and  shall  award  all  scholarships,  and  have  such  other  powers 
and  duties  as  may  be  determined  by  law.  The  traveling  expenses  of 
the  persons  to  be  appointed  shall  be  provided  for  by  the  General 
Assembly. 


Notes. 

Art.  II,  Sec.  2.  The  present  Constitution  deprives  the  schools  of 
the  services  of  many  of  the  most  capable  and  patriotic  men  in  the 
State — men  who  would  gladly  give  their  time  and  energies  to  the 
upbuilding  of  the  schools.  (The  italicized  words  indicate  the  amend- 
ment recommended.) 

Art.  Ill,  Sec.  2i.  To  conform  to  Art.  II,  Sec.  2.  (The  italicized 
words  indicate  the  amendment  recommended.) 


Art.  XI,  Sec.  2.  The  State  Superintendent  is  directly  responsible 
to  the  people  of  the  State  for  the  success  or  the  failure  of  his  admin- 
istration. Since  this  is  true,  he  should  have  some  voice  in  the  selec- 
tion of  his  official  advisers.  The  Commission  feels  that  the  Gov- 
ernor would  regard  such  a  change  as  a  relief  to  him  and  a  strength- 
ening of  the  school  system  of  the  State.  (The  italicized  words  indi- 
cate the  amendment  recommended. ) 


10 


A   Bill  to   Revise   and   Declare   the 

School   Law. 


PRELIMINARY:— 

Section  1.  A  liberal  and  efficient  system  of  free  public  education 
shall  be  maintained  throughout  the  State.  Separate  schools  and 
institutions  of  learning  shall  be  provided  for  persons  of  the  white 
and  colored  races ;  and  no  child  or  p'erson  of  one  of  these  races  shall 
ever  be  permitted  to  attend  a  school  or  educational  institution  pro- 
vided for  children  or  persons. of  tne  other  race.  The  system  shall 
embrace  elementary  schools  in  every  school  district,  or  city  or  town 
where  such  city  or  town  is  not  embraced  in  some  school  district,  for 
the  education  of  children  between  the  ages  of  six  and  twenty-one 
years ;  high  schools  as  hereinafter  provided  for ;  the  University  of 
South  Carolina,  Clemson  Agricultural  College,  Winthrop  Normal 
and  Industrial  College,  The  Citadel — The  Military  College  of  South 
Carolina,  The  Institution  for  the  Deaf  and  the  Blind,  The  State 
Colored  Normal,  Industrial,  Agricultural,  and  Mechanical  College : 
and  such  other  special  and  technical  schools  as  .may,  from  time  to 
time,  be  established  and  supported  in  whole  or  in  part  at  public 
expense. 

Sec.  2.  The  free  public  school  system  of  the  State  shall  be  admin- 
istered under  the  direction  of  the  State  Superintendent  of  Education, 
the  Boards  of  Trustees  of  the  University  and  other  colleges  or  insti- 
tutions of  higher  learning,  the  State  Board  of  Education,  the  State 
Board  of  Examiners  for  Teachers  and  Division  Supervisors,  the 
County  Boards  of  Education,  and  the  School  District  Boards  of 
Trustees. 

STATE  SUPER]  NTENDENT. 

Sec.  3.  On  the  first  Tuesday  after  the  first  Monday  in  November 
of  even  years,  there  shall  be  elected  at  the  general  election,  by  the 
qualified  electors  of  the  State,  in  the  same  manner  as  other  State 
officers  are  elected,  a  State  Superintendent  of  Education,  who  shall 
serve  for  a  term  of  two  years,  and  until  his  successor  is  elected  and 
qualified.  He  shall  possess  the  qualifications  required  by  Sections 
3  and  I,  Article  II,  of  the  Constitution,  and  shall  enter  upon  the 
duties  of  his  office  when  the  Governor  is  inaugurated,  and  the  other 
State  officers  are  installed.     Before  entering  upon  the  duties  of  bis 


11 


Notes. 

Section  1.  Almost  identical  with  old  law. 


Sec.  2.  Old  law. 


Sec.  3.  The  material  change  in  this  section  is  the  increase  in  the 
salary  of  the  State  Superintendent.  Upon  this  question  the  present 
Superintendent  not  only  declined  to  vote,  but  abo.  while  realizing 
that  the  increase  would  not  affect  his  salary,  expressed  the  fear  that 
the  suggestion  of  an  increase  coming  from  a  commission  of  which  he 
is  a  member,  would  appear  to  be  indelicate.  The  Commission,  bow- 
ever,  has  overruled  bis  objection,  and  has  not  hesitated  to  put  itself 
on  record  as  favoring  a  more  adequate  compensation  for  services  so 
valuable  to  the  people  of  the  whole  State.  Other  States  of  the  Union 
have  recognized  in  a  substantial  way  the  importance  of  the  office 


12 

office,  he  shall  give  bond,  for  the  use  of  the  State  of  South  Carolina, 
in  the  penal  sum  of  five  thousand  dollars,  in  some  surety 
company  authorized  and  licensed  to  act  as  surety  on  bonds 
of  public  officials  in  this  State,  the  premium  on  which  bond 
shall  be  paid  by  the  State,  or  with  individual  sureties,  to  be  approved 
by  the  Governor,  conditioned  for  the  faithful  and  impartial  per- 
formance of  the  duties  of  his  office ;  and  he  shall,  also,  at  the  time  of 
giving  bond,  take  and  subscribe  to  the  oath  prescribed  in  Section  26, 
Article  III,  of  the  Constitution  of  this  State.  His  bond  shall  be 
filed  with  the  Secretary  of  State,  and  by  him  recorded,  and  when  so 
recorded,  shall  be  filed  with  the  State  Treasurer.  The  State 
Superintendent  of  Education  shall  receive  as  compensation  for  his 
services  the  sum  of  twenty-five  hundred  dollars  per  annum,  payable 
monthly  out  of  the  State  Treasury,  upon  the  warrant  of  the  Comp- 
troller General ;  and  his  traveling  expenses,  not  exceeding  six  hun- 
dred dollars  per  annum,  shall  be  paid  out  of  the  State  Treasury  upon 
duly  itemized  accounts  rendered  by  him. 

DUTIES  OF  THE  STATE  SUPERINTENDENT. 

Sec.  4.  It  shall  be  the  duty  of  the  State  Superintendent  of  Edu- 
cation, and  he  is  authorized : 

1.  To  have  general  supervision  over  all  the  schools  of  the  State 
supported  in  whole  or  in  part  from  the  public  school  funds. 

2.  To  visit,  either  in  person  or  through  the  Division  Supervisors, 
or  other  representatives,  every  county  in  the  State  as  often  as  practi- 
cable for  the  purpose  of  inspecting  the  schools,  awakening  an  interest 
favorable  to  the  cause  of  education,  and  diffusing  as  widely  as  possi- 
ble, by  public  addresses  and  personal  communications  with  school 
officers,  teachers,  and  parents,  a  knowledge  of  existing  defects  and  of 
desirable  improvements  in  the  government  and  instruction  of  said 
schools. 

:->.  To  secure,  by  and  with  the  advice  of  the  State  Board  of  Educa- 
tion, uniformity  in  the  use  of  text-books  throughout  the  free  public 
schools  of  the  State,  and  to  forbid  the  use  of  sectarian  or  partisan 
books  and  instruction  in  the  free  public  schools. 

4.  To  prepare  and  transmit  to  the  several  County  Superintendents 
of  Education  school  registers,  blank  certificates,  reports  and  such 
other  suitable  blank  forms,  and  printed  instructions  as  may  be  neces- 
sary to  aid  school  officers  and  teachers  in  making  their  reports  and 
carrying  into  full  effect  the  various  provisions  of  the  School  Law  of 
this  State. 


13 

of  State  Superintendent  of  Education,  and  South  Carolina  cannot 
longer  afford  to  be  behind  in  a  similar  expression  of  its  appreciation. 


Sec.  4.  Sub.  1.  Old  law. 


Sub.  2.  This  subdivision  shows  one  great  advantage  to  be  gained 
by  having  Division  Supervisors ;  for  through  these  officers  the  State 
Superintendent  will  be  enabled  to  keep  closely  in  touch  with  the  edu- 
cational interests  throughout  the  State. 


Sub.  3.  Reasons  for  this  change  from  the  old  law  are  given  under 
Sub.  6,  of  Sec.  11. 


Sub.  4.  Old  la 


\v. 


14 

5.  To  cause  the  law  relating  to  the  free  public  schools,  together 
with  such  rules,  regulations,  forms  and  instructions  as  shall  be  legally 
prescribed,  to  be  printed,  together  with  a  suitable  index,  in  pamphlet 
form,  at  the  expense  of  the  State ;  and  to  transmit  copies  of  the  same 
to  the  several  County  Superintendents  of  Education  for  distribution. 

6.  To  collect  in  his  office  such  school  books,  apparatus,  maps  and 
charts  as  can  be  obtained. 

7.  To  certify  copies  of  all  papers  in  his  office,  and  such  certified 
copies  shall  be  competent  evidence  thereof. 

8.  To  hold  annually  a  convention  of  the  County  Superintendents 
of  Education  in  the  State  at  such  time  and  place  as  he  may  deem  con- 
venient, for  the  discussion  of  questions  pertaining  to  the  supervision 
of  schools,  the  administration  of  the  school  laws,  and  other  subjects 
affecting  the  welfare  and  interests  of  the  public  schools ;  and  it  shall 
be  the  duty  of  every  County  Superintendent  of  Education  in  this 
State  to  attend  said  convention  during  its  entire  session ;  and  he  shall 
be  paid,  out  of  the  special  county  tax  hereinafter  provided  for,  his 
actual  hotel  and  traveling  expenses  incurred  in  attending  said  con- 
vention. 

9.  To  require  annually,  on  or  before  the  15th  day  of  August,  of 
the  County  Superintendents  of  Education,  and  of  the  president, 
principal,  or  official  head  of  every  educational  institution  or  system 
of  schools  in  this  State,  a  report  of  such  statistics  as  he  may  pre- 
scribe, relating  to  the  number  of  pupils,  and  instructors,  courses  of 
study,  cost  of  tuition,  and  the  general  condition  of  the  institution  or 
schools  under  their  charge,  and  such  other  facts  as  he  may  deem  of 
public  interest,  arranged  in  such  form  as  he  may  prescribe.  To 
furnish  blank  forms  for  such  reports,  and  send  the  same  to  such 
officers,  or  institutions  during  the  month  of  May  in  each  year.  It  is 
hereby  made  the  duty  of  every  County  Superintendent  of  Education, 
and  of  every  such  president,  principal,  or  official  head  of  any  educa- 
tional institution  or  school,  to  fill  out  and  return  such  blanks  within 
such  time  as  the  State  Superintendent  of  Education  may  direct.  If 
such  report  shall  not  be  made  within  the  time  required,  it  shall  be  the 
duty  of  the  State  Superintendent  of  Education  to  appoint  some  suit- 
able person  to  secure  the  information  desired,  and  to  fix  a  reasonable 
compensation  for  the  person  so  acting,  which  shall  be  paid  by  the 
delinquent  officer.  It  shall  be  the  duty  of  all  private  educational 
institutions  chartered  under  the  laws  of  the  State,  to  make  such 
reports  furnishing  such  information,  and  to  fill  out  such  blanks  for 
that  purpose,  as  may  be  required  by  the  State  Superintendent  of 


15 

Sub.  5.  Old  law. 


Sub.  6.  Old  law. 
Sub.  7.  Old  law. 

Sub.  8.  It  will  be  exceedingly  profitable  to  have  all  of  the  County 
Superintendents  of  the  State  assemble  at  least  once  a  year  to  discuss 
matters  pertaining  to  the  educational  advancement  of  their  respective 
counties. 


Sub.  9.  In  order  that  the  statistics  of  the  State  Superintendent 
may  have  real  significance,  it  is  highly  important  that  the  reports  of 
all  school  officers  be  complete  and  be  promptly  sent  in. 


16 

Education.  All  State  institutions  of  higher  learning  shall  make  an 
annual  report  to  the  State  Superintendent  of  Education,  embracing  a 
detailed  account  of  the  operations  of  such  institution,  including  the 
expenditure  of  public  moneys  for  the  preceding  scholastic  year. 

10.  To  keep  in  his  office  at  the  capital  of  the  State,  all  books  and 
papers  pertaining  to  the  business  of  his  office,  and  to  keep  and  pre- 
serve in  his  office  a  complete  record  of  statistics,  and  all  matters 
pertaining  to  the  educational  interests  of  the  State. 

11.  To  be  ex  officio  Secretary  of  the  State  Board  of  Education, 
and  the  custodian  of  its  papers,  records  and  effects.  He  shall  also 
be  an  ex  officio  member  of  the  Boards  of  Trustees  of  such  educational 
or  charitable  institutions  as  may  be  designated  by  law. 

12.  To  authorize,  in  his  discretion,  the  Division  Supervisors, 
County  Superintendents  of  Education,  and  County  Boards  of  Educa- 
tion, to  hold  teachers'  institutes,  and  to  defray  the  cost  and  expenses 
of  such  institutes  out  of  the  special  county  tax  hereinafter  provided 
for. 

13.  To  submit  to  the  General  Assembly,  through  the  Governor,  an 
annual  report,  showing: 

a.  The  number  of  free  public  schools  in  the  State. 

b.  The  number  of  teachers  of  each  sex  and  race  employed  therein. 

c.  The  number  of  pupils  enrolled  as  hereinafter  defined,  and  the 
number  in  actual  attendance,  classified  according  to  sex  and  race. 

d.  The  amount  of  school  revenues  received  and  expended  during 
the  scholastic  year  ending  June  30th  last  preceding. 

e.  The  per  capita  expenditure  per  pupil  by  counties. 

f.  The  average  salaries  paid  teachers  classified  by  sex  and  race. 

g.  The  number  of  teachers'  certificates  issued  upon  examination 
or  otherwise,  by  the  State  Board  of  Education,  or  the  State  Board 
of  Examiners  for  Teachers. 

h.  The  number  of  schoolhouses  erected  during  the  year,  and  their 
cost  and  material. 

i.  The  amount  of  bonded  indebtedness  existing  for  school  pur- 
poses, and  the  number  of  school  districts  levying  a  special  tax. 

j.  The  counties  in  which  teachers'  institutes  were  held. 

k.  Any  plans  or  recommendations  which  he  may  deem  necessary 
for  the  improvement  of  the  public  schools. 

1.  A  detailed  account  of  the  operations  and  expenditures  of  the 
institutions  of  higher  learning  supported  by  the  State. 

m.  Any  other  facts,  statistics  or  information,  which  he  may  deem 
advisable,  or  the  General  Assembly  may  require. 


17 


Sub.  10.  Old  law. 


Sub.  11.  Old  law- 


Sub.  l'L  County  Summer  Schools  have  distinctive  features  that 
render  them  peculiarly  beneficial.  To  make  it  possible  to  have  them 
is  but  one  benefit  to  be  derived  from  the  special  county  tax. 


Sub.  13.  No  one  will  question  the  advisability  of  a  complete  report 
from  the  State  Superintendent  to  the  General  Assembly. 


18 

1  1.  To  ascertain  and  keep  a  record  of  the  amount  of  bonded 
indebtedness  of  each  school  district  in  the  State,  and  any  sinking  fund 
created  or  existing  for  the  liquidation  of  such  bonded  indebtedness. 

15.  To  deliver  over  to  his  successor,  at  the  expiration  of  his  term 
of  office,  all  records,  books,  maps,  documents,  and  papers  of  whatever 
kind  belonging  to  his  office. 

16.  To  exercise  such  other  powers  and  perform  such  other  duties 
as  may  be  required  by  law. 

Sec.  5.  The  State  Superintendent  of  Education  shall  be  provided 
with  a  suitable  office,  and  shall  be  allowed  fifteen  hundred  dollars 
for  an  assistant,  and  seven  hundred  and  twenty  dollars  for  a  stenog- 
rapher. 

Sec.  6.  Any  vacancy  in  the  office  of  the  State  Superintendent  of 
Education  shall  be  filled  by  the  Governor,  by  and  with  the  advice 
and  consent  of  the  Senate.  If  the  vacancy  occurs  during  the  recess 
of  the  Senate,  the  Governor  shall  fill  the  same  by  appointment  until 
the  Senate  can  act  thereon. 

STATE  BOARD  OF  EDUCATION'. 

Sec.  7.  The  State  Board  of  Education  shall  be  composed  of  the 
Governor,  the  State  Superintendent  of  Education,  and  five  members 
to  be  appointed  by  the  Governor  upon  the  recommendation  of  the 
State  Superintendent  of  Education.  The  members  thus  appointed 
shall  serve  for  a  term  of  four  years,  unless  sooner  removed  from 
office,  and  until  their  successors  are  appointed  and  qualified :  Pro- 
vided,  That  the  appointive  members  of  the  present  State  Board  shall 
seiwe  out  the  terms  for  which  they  were  appointed.  At  least  three 
of  the  appointive  members  shall  be  professional  teachers  regularly 
employed  in  educational  work. 

Sec.  8.  The  Governor  shall  be  ex  officio  chairman,  and  the  State 
Superintendent  ex  officio  secretary,  of  the  State  Board  of  Education. 
The  secretary  shall  be  the  custodian  of  its  records,  papers  and  effects, 
and  shall  keep  minutes  of  its  proceedings;  said  papers,  records  and 
minutes  shall  be  kept  in  the  office  of  the  State  Superintendent  of 
Education,  and  shall  at  all  times  be  open  to  inspection. 

Sec.  9.  The  State  Board  of  Education  shall  meet  upon  the  call  of 
its  chairman,  upon  the  request  of  its  secretary,  or  upon  the  written 
request  of  three  of  its  members,  at  the  office  of  the  State-  Superin- 
tendent of  Education,  or  at  such  other  place  as  may  be  designated 
in  the  call.  A  majority  of  its  members  shall  constitute  a  quorum 
for  transacting  business.     The  official  seal  of  the  State  Superintend- 


19 

Sub.  11.  The  wisdom  that  makes  it  possible  for  the  State  Super- 
intendent to  keep  in  intimate  touch  with  the  educational  interests  of 
the  State  demands  that  he  should  know  the  financial  standing  of 
each  district. 

Sub.  15.  Old  law. 

Sub.  16.  Old  law. 

Sec.  5.  The  assistant  to  the  State  Superintendent  is  more  than  a 
clerk.  He  must  be  a  man  of  experience  and  ability,  of  sound  judg- 
ment and  of  clear  insight  into  the  plans  and  purposes  of  the  State 
Superintendent.  It  is  not  just  to  pay  one  thus  qualified  a  F.alan 
smaller  than  the  one  here  named. 

Sec.  6.  Old  law. 


Sec.  7.  The  Commission  thinks  five  appointive  members  sufficient. 
Since  the  State  Superintendent  of  Education  is  elected  by  the  people, 
and  is  directly  responsible  to  the  people  for  the  success  or  failure  of 
his  administration,  he  should  have  a  voice  in  the  selection  of  his 
Board.  The  Governor  is  relieved  of  some  of  the  responsibility  rest- 
ing upon  him  under  the  old  law.  It  is  thought  highly  desirable  to 
have  the  Board  composed  in  part  of  experienced  teachers. 


Sec.  8.  Old  law 


Sec.  9.  Practically  old  law. 


20 

ent  of  Education  shall  be  used  for  the  authentication  of  the  acts  of 
the  State  Board. 

Sec.  10.  The  members  of  the  State  Board  of  Education,  appointed 
by  the  Governor,  when  in  attendance  on  meetings  of  the  Board,  and 
when  serving  on  committees  thereof,  shall  be  paid  their  actual  hotel 
and  traveling  expenses. 

Sec.  11.  It  shall  be  the  duty  of  the  State  Board  of  Education,  and 
it  is  authorized : 

1.  To  adopt  such  rules  and  regulations,  not  inconsistent  with  the 
laws  of  the  State,  as  are  necessary  for  its  own  government  and  for 
carrying  into  effect  the  statutes  relating  to  education. 

'2.  To  make  all  needful  rules  and  regulations  for  the  management 
and  conduct  of  the  free  public  schools,  which  rules  and  regulations, 
when  officially  published  and  distributed,  shall  have  the  force  and 
effect  of  law,  subject  to  repeal,  revision  or  amendment  by  the  State 
Board  of  Education  or  the  General  Assembly:  Provided,  That  noth- 
ing in  such  rules  or  regulations  shall  conflict  with  the  letter  or  spirit 
of  the  school  law. 

3,  To  appoint  three  Division  Supervisors,  who  shall  serve  also  as 
a  State  Board  of  Examiners  for  Teachers. 

1.  To  appoint  County  Boards  of  Education. 

•j.  To  review,  on  appeal,  an  order  revoking  a  teacher's  certificate. 

G.  To  adopt,  with  the  aid  of  the  Text-Book  Commission  below 
mentioned,  a  dual  list  of  text-books  for  the  free  public  schools  of 
the  State.  On  the  first  Tuesday  of  February,  or  as  soon  thereafter 
as  practicable,  in  each  year  during  which  text-books  are  to  be  adopted 
for  use  in  the  schools,  the  State  Superintendent  of  Education  shall 
appoint  a  Commission,  composed  of  five  public  school  men,  who  shall 
have  the  same  voice  in  the  selection  of  such  text-books  as  the  mem- 
bers of  the  State  Board  of  Education,  and  whose  expenses,  while 
attending  the  meetings  of  the  Commission,  shall  be  paid  in  the  same 
way  as  the  expenses  of  the  members  of  the  State  Board  of  Educa- 
tion appointed  by  the  Governor.  All  meetings  at  which  the  adoption 
of  text-books  is  considered  shall  be  in  a  joint  session  of  the  State 
Hoard  of  Education  and  of  said  Text-Book  Commission.  The  meet- 
ing at  which  the  adoption  is  finally  made  shall  be  open  to  the  public. 
Following  the  meeting  at  which  the  adoption  of  text-books  is  made, 
there  shall  be,  as  early  as  practicable,  another  joint  session  of  the 
State  Board  of  Education  and  the  Text-Book  Commission  to  pre 
scribe  unified  courses  of  study  for  use  in  the  public  schools  of 
the  State. 


-.'1 


Sec.  10.  Per  diem  in  old  law  is  changed  to  actual  expenses. 


Sec.  11.  Sub.  1.  Old  law 


Sub.  2.  Old  law  amplified. 


Sub.  3.  Power  of  the  old  law  extended  to  a  new  Board. 

Sub.  4.  Old  law. 

Sub.  5.  Old  law. 

Sub.  G.  \  dual  list  does  not  mean  that  two  texts  shall  be  named 
for  every  branch  of  study;  but  is  intended  to  give  some  elasticity,  so 
that  suitable  texts  may  be  selected  for  long  and  short  term  schools. 
A  dual  list  will  secure  practical  uniformity  without  working  a  hard- 
ship to  schools  of  different  lengths  in  terms.  This  change  from  the 
old  law  makes  the  creation  of  a  text-book  commission  to  act  in  con- 
junction willi  the  State  Board  of  Education  exceedingly  desirable 

In  creating  a  text-book  commission,  it  is  not  intended  in  any  way 
to  interfere  with  the  powers  of  the  State  Board  of  Education;  but 
simply  to  give  the  Board  the  benefit  of  the  co-operation  of  five  sch 
men  whose  successful  experience  should  render  such  co-operation  of 
very  great  value.  Since  these  adoptions  will  be  more  far-reaching 
than  ever  before,  it  is  of  the  greatest  importance  that  they  be  made 
only  after  the  most  careful  consideration  by  men,  rot  only  entirely 
cempetent,  but  fairly  representative  of  the  varied  educational  inter- 
ests of  the  Stair. 


22 

Any  teacher  employed  in  the  free  public  schools  of  this  State,  who 
shall  require  the  purchase  and  use  of  any  book  or  books  other  than 
those  adopted  by  the  State  Board  of  Education  and  the  Text-Book 
Commission,  shall  forfeit  his  or  her  salary  during  the  term  said 
unauthorized  books  are  used  in  such  school :  Provided,  That  no 
such  forfeiture  shall  be  made  except  upon  the  written  order  of  the 
chairman  of  the  County  Board  of  Education  and  the  County  Super- 
intendent of  Education,  said  order  to  be  subject  to  review  on  appeal 
by  the  State  Board  of  Education. 

7.  To  enter  into  a  contract  or  an  agreement  with  the  publishers  of 
the  books  prescribed,  for  use  as  above  provided,  fixing  the  period  of 
adoption,  and  the  price  above  which  the  books  shall  not  be  retailed 
during  the  period  of  adoption,  and  the  rate  of  discount  at  not  less 
than  which  the  books  shall  be  "furnished  to'  retail  dealers  in  this  State : 
Provided,  That  the  State  Board -of  Education  shall  not  have  power 
without  the  permission  of  the  General  Assembly  to  change  any  text- 
book within  five  years  from  the  date  of  its  adoption,  except  for  vio- 
lation of  the  contract  or  agreement  entered  into  by  its  publishers  with 
the  State  Board  of  Education ;  for  which  last  mentioned  cause  any 
book  may  be  changed  and  another  substituted  therefor  by  the  State 
Board  of  Education. 

8.  To  make  the  establishment  of  a  county  depository  of  text-books 
optional  with  the  County  Board  of  Education. 

9.  To  prepare  and  distribute  plans  and  specifications  for  the  con- 
struction and  equipment  of  school  buildings. 

10.  To  prescribe  rules  and  regulations  for  the  distribution  of  all 
funds  set  aside  for  the  aid  and  encouragement  of  elementary  schools, 
high  schools,  libraries,  school  buildings,  and  all  school  equipment, 
unless  the  distribution  of  said  funds  be  otherwise  provided  for. 

11.  To  provide  for  the  inspection  and  classification  under  a  recog- 
nized nomenclature  of  the  public  schools  of  the  State,  including  high 
schools,  and  the  colleges  and  universities  operating  under  charters 
granted  under  the  laws  of  this  State. 

12.  To  prescribe  all  necessary  regulations  for  the  apportionment 
and  disbursement  of  the  State  appropriations  for  aid  to  high  schools: 
Provided.  That  no  aid  shall  be  given  any  high  school  unless  the  dis- 
trict or  districts  composing  the  high  school  district  are  levying  or 
shall  levy  as  much  as  a  two  mill  special  school  tax:  Provided,  fur- 
ther, That  no  high  school  shall  receive  aid  from  the  State  appropria- 
tion unless  it  has  at  least  twenty-live  high  school  pupils  and  two 
high  school  teachers:  Provided,  further.  That  the  Board  may  give 


■!■■; 


Since  the  privilege  of  text-book  adoption  is  withdrawn  from  spe- 
cial school  districts,  the  appointment  of  a  text-book  commission  will 
guarantee  a  continuance,  in  part,  of  the  constructive  influences  sup- 
plied by  the  educational  leaders  in  the  towns  and  cities  of  the  State. 


Sub.  T.  A  binding  contract  with  all  publishers  of  the  text-books 
adopted  is  necessary  in  order  to 'render  the  adoption  effective. 


Sub.  8.  Since  a  County  Depository  of  text-books  is  maintained 
in  so  few  counties,  the  Commission  thinks  best  to  make  its  establish- 
ment optional  and  not  obligatory. 

Sub.  9.  Provides  for  a  needed  service  to  district  trustees  without 
expense  to  them. 

Sub.  10.  Old  law. 


Sub.  11.  The  State  should  inspect  and  classify  all  the  institutions 
it  supports.  If  the  State  charters  an  institution,  then  contracts  to 
accept  the  graduates  of  such  institution  as  teachers  of  the  schools 
supported  by  the  taxes  of  the  people,  it  is  highly  important  that  the 
work  done  in  such  institution  be  inspected  and  classified  by  the 
State.  This  is  a  protection  to  efficiency,  and  at  the  same  time  pro- 
tects the  people  against  inefficiency. 

Sub.  12.  Old  law,  except  that  a  part  of  unexpended  appropria- 
tions, beyond  the  five  per  cent,  limit,  may  be  given  to  any  count}' 
offering  high  schools  entitled  to  more  than  five  per  cent,  of  the  appro- 
priation. 


24 

aid  to  a  rural  school  or  village  school  with  but  fifteen  high  school 
pupils  and  one  high  school  teacher:  Provided,  further,  That  no 
county  shall  receive  more  than  five  per  cent,  of  the  annual  appropri- 
ation by  the  State  in  aid  of  high  schools,  unless  there  should  be  in 
any  year  an  unexpended  balance  of  the  appropriation  after  all  the 
accepted  schools  have  been  given  their  pro  rata  share  of  that  appro- 
priation, in  which  case  more  than  five  per  cent,  may  be  given  any 
county. 

13.  To  award  all  scholarships  in  institutions  supported  in  whole 
or  in  part  at  public  expense. 

14.  To  apportion  among  the  several  counties  the  income  derived 
from  the  State  School  Fund. 

15.  To  review,  upon  appeal,  all  rulings  and  decisions  of  the  State 
Board  of  Examiners  and  Division  Supervisors,  and  the  County 
Boards  of  Education,  and  to  affirm,  reverse  or  modify  the  same  In 
all  such  appeals  a  written  notice  thereof  setting  forth  the  questions 
of  fact  and  of  law  involved,  must  be  served  within  ten  days  after  the 
filing  of  the  order  appealed  from,  upon  the  secretary  of  the  Board 
from  whose  order  or  action  the  appeal  is  taken,  upon  the  adverse 
parties,  if  any,  and  upon  the  secretary  of  the  State  Board  of  Educa- 
tion. Within  twenty  days  thereafter  the  original  record  or  certified 
copies  of  all  testimony,  records  and  papers  which  were  before  the 
board  or  officer  appealed  from,  must  be  filed  in  the  office  of  the  secre- 
tary of  the  State  Board  of  Education.  The  appeal  must  be  thus 
perfected  at  least  ten  days  before  the  meeting  at  which  the  appeal  is 
to  be  heard.  The  decision  of  the  State  Board  of  Education  shall  be 
final  upon  the  matters  at  issue. 

DIVISION  SUPERVISORS. 

Sec.  12.  There  shall  be  appointed  by  the  State  Board  of  Education 
three.  Division  Supervisors,  who  shall  constitute  the  State  Board  of 
Examiners  for  Teachers,  and  who  shall  have  full  power  and  author- 
ity, subject  to  review  of  their  action  by  the  State  Board  of  Educa- 
tion : 

1.  To  formulate  a  system  for  the  examination  and  certification  of 
teachers  in  the  public  schools. 

2.  To  grant  teachers'  certificates,  which  shall  be  valid  throughout 
the  State. 

-">.  To  revoke  teachers'  certificates  for  immoral  or  unprofessional 
conduct  or  evident  unfitness  for  teaching. 


•r> 


Sub.  13.  Old  law. 

Sub.  14.  Old  law. 

Sub.  15.   Powers  under  old  law  extended  to  new  Board  already 
mentioned,  and  procedure  in  appeals  made  more  definite. 


Sec.  IV.  A  new  Board  already  mentioned. 


Sub.  l-:'>.  Stall  a  Hoard  is  necessary  in  order  t<>  systematize  the 
present  chaotic  plan  of  examining  teachers  and  granting  certificates. 
Under  the  present  plan  we  have  43  standards,  and  in  some  cases  no 
standard  at  all.  A  certificate  issued  in  one  county  may  not  he  valid 
in  another.  Many  wholly  incompetent  teachers  are  being  paid  the 
children's  money  without  rendering  adequate  service. 


26 

Xo  diploma  or  certificate  from  any  university,  college  or  normal 
school,  or  other  institution  of  learning,  shall  exempt  the  holder  from 
examination  as  to  his  or  her  qualifications  to  teach,  unless  the  course 
of  study  pursued  by  the  holder  in  such  institution,  and  the  character 
of  work  done  in  such  course,  have  been  approved  by  the  State  Board 
of  Education  and  the  State  Board  of  Examiners  for  Teachers. 

Sec.  13.  The  State  Board  of  Examiners  for  Teachers  shall  keep  a 
record  of  its  proceedings,  and  a  register  of  the  name,  age,  sex, 
color,  residence,  and  date  of  certificate,  of  each  person  to  whom  a 
teacher's  certificate  is  issued,  and  in  case  the  certificate  is  revoked, 
shall  make  an  entry  and  record  of  such  revocation.  The  Board  shall 
elect  one  of  its  members  chairman,  and  another  secretary. 

Sec.  14.  The  first  three  Division  Supervisors,  constituting  said 
Board  of  Examiners  for  Teachers,  shall  be  appointed  for  terms  of 
two,  four  and  six  years  each,  respectively,  and  until  their  respective 
successors  shall  have  been  appointed  and  qualified.  Such  successors 
shall  hold  office  for  a  term  of  six  years  each,  except  in  the  case  of 
appointments  to  fill  vacancies  caused  by  death,  resignation  or  removal 
from  office,  in  which  case  the  appointee  shall  hold  the  office  for  only 
the  unexpired  term  of  his  immediate  predecessor;  so  that  the  term  of 
one  of  the  said  Division  Supervisors  shall  expire  every  second  year. 

Sec.  15.  In  addition  to  the  duties  prescribed  in  Section  1?,  each 
of  the  said  Division  Supervisors  shall,  under  the  direction  of  the 
State  Superintendent  of  Education,  visit  and  inspect  the  schools  of 
the  State,  supervise  the  teaching  in  the  free  public  schools,  audit 
school  accounts,  and  assist  the  State  Superintendent  of  Education  in 
the  performance  of  such  of  his  duties  as  he  may  see  fit  to  delegate  to 
them. 

Sec.  16.  The  said  Division  Supervisors  shall  receive  an  annual 
salary  of  fifteen  hundred  dollars  each,  to  be  paid  in  the  same  manner 
as  the  salaries  of  the  State  officers  ;  and  each  of  them  shall  be  allowed 
the  further  sum  of  three  hundred  dollars  for  traveling  expenses 
incurred  in  the  performance  of  his  duties,  to  be  paid  upon  duly 
itemized  vouchers. 

COUNTY  BOARD  OF  EDUCATION. 

Sec.  17.  There  shall  be  in  each  county  a  County  Board  of  Educa- 
tion, composed  of  three  members  to  be  appointed  by  the  State  Board 
of  Education.  The  term  of  office  of  each  member  of  the  said  County 
Board  of  Education  shall  be  six  years,  and  until  his  successor  is 
appointed  and  qualified;  except  in  the  case  of  members  appointed  to 


27 

This  paragraph  insures  the  enforcement  of  the  spirit  of  the  old 
law. 


Sec.  13.  Defines  some  of  the  duties  of  this  Board. 


Sec.  14.  Defines  the  term  of  service,  and  insures  permanence  to 
the  policies  of  the  Board. 


Sec.  15.  Additional  duties  prescribed.  All  the  time  of  each  mem- 
ber of  this  Board  must  be  given  to  actual  service.  A  checking  of 
school  accounts  is  sometimes  imperative. 


Sec.  16.  Fully  competent  men  are  required.  Less  than  the  pre- 
scribed salary  will  not  secure  such  men  as  are  required  Tor  the 
work-. 


COUNT Y  BOARD  OF  EDUCATK  >.\\ 

Sec.  17.  This  section  secures  stability  and  continuity  in  the  work 
of  the  County  Board  of  Education.  It  does  not  include  the  County 
Superintendent  of  Education  as  a  member,  because  the  plan  is  to 
have  the  County  Board  of  Education  select  him.     The  Commission 


28 

fill  vacancies  caused  by  death,  resignation  or  removal  from  office,  in 
which  cases  the  appointee  shall  hold  the  office  for  only  the  unexpired 
term  of  his  immediate  predecessor :  Provided,  however.  That  the 
members  of  the  first  County  Board  of  Education  appointed  under  the 
provisions  of  this  section  shall  hold  office  for  two,  four  and  six  years, 
respectively,  the  term  of  each  to  be  designated  in  the  order  of  the 
State  Board  of  Education  for  his  appointment.  No  person  shall  be 
eligible  to  appointment  as  a  member  of  the  County  Board  of  Educa- 
tion who  is  not  a  qualified  elector  in  the  county. 

Sec.  18.  The  County  Board  of  Education  shall  meet  and  organize 
on  the  first  Tuesday  in  July  of  odd  years  by  electing  one  of  their 
number  chairman.  The  County  Superintendent  of  Education  shall 
serve  as  secretary  of  said  Board  without  additional  compensation. 

Sec.  19.  The  County  Board  of  Education  shall  meet  upon  the  call 
of  its  chairman,  upon  the  request  of  its  secretary,  or  upon  the  written 
request  of  two  of  its  members,  at  the  office  of  the  County  Superin- 
tendent of  Education,  unless  some  other  place  is  designated  in  the 
call.  A  majority  of  said  Board  shall  constitute  a  quorum  to  transact 
business.  The  County  Superintendent  of  Education  shall  be  the 
custodian  of  the  records,  papers  and  effects  of  the  County  Board  of 
Education,  and  shall  keep  minutes  of  its  proceedings.  Said  papers 
records  and  minutes  shall  be  kept  in  the  office  of  the  County  Superin- 
tendent of  Education,  and  shall  at  all  times  be  open  to  inspection. 

Sec.  20.  The  members  of  the  County  Board  of  Education  shall 
each  receive  a  per  diem  of  five  dollars,  for  not  exceeding  twenty 
days  in  each  scholastic  year,  while  engaged  in  the  performance  of 
their  duties. 

Sec.  21.  The  County  Boards  of  Commissioners  of  the  several 
counties  are  authorized  and  required  to  furnish  the  County  Board 
of  Education  and  the  County  Superintendent  of  Education  with  ;i 
comfortable  and  convenient  office  and  suitable  office  furniture,  and 
to  supply  said  office  with  fuel,  lights,  stationery,  postage,  and  such 
other  incidentals  as  are  necessary  to  the  proper  transaction  of  official 
business. 

Sec.  22.  The  County  Board  of  Education  shall  have  power,  and  it 
shall  be  its  duty : 

1.  To  apportion  among  the  school  districts  of  their  respective 
counties,  the  annual  three-mill  school  tax,  provided  for  by  the  Consti- 
tution, in  proportion  to  the  number  of  pupils  enrolled  in  the  public 
schools  of  such  school  districts. 


29 

is  convinced  that  only  in  this  way  can  expert  supervision  be  secured 
for  the  rural  schools. 


Sec.  18.   Practically  old  law.  except  as  to  time  of  meeting. 


Sec.  1!).  Practically  old  law. 


Sec.  20.  Compensation  limited  to  a  per  diem.  The  allowance  of 
mileage  in  the  old  law  is  stricken  out.  The  number  of  days'  service 
has  been  made  the  same  in  all  counties,  owing  to  the  increased  duties 
of  the  Board. 

Sec.  21.  Old  law. 


Sec.  22.  Sub.  1.  Old  law. 


30 

2.  To  ascertain,  through  its  secretary,  from  the  County  Treasurer, 
the  amount  of  poll  taxes,  capitation  dog  taxes,  and  all  local  or  dis- 
trict taxes  collected  in  and  for  each  school  district  in  the  county ; 
and  to  notify  the  County  Treasurer,  the  School  District  Trustees  of 
each  school  district,  and  the  State  Superintendent  of  Education  of 
the  estimated  apportionment  of  the  constitutional  three-mill  tax, 
together  with  the  amount  of  other  revenues  available  in  each  school 
district  for  school  purposes  for  that  school  year. 

3.  To  levy,  and  to  require  the  County  Auditor  to  assess,  and  the 
County  Treasurer  and  other  officers  to  collect,  a  special  county  tax, 
not  to  exceed  one  mill  on  the  dollar  on  all  the  taxable  property  within 
the  county,  the  proceeds  of  which  tax  shall  not  constitute  any  part 
of  the  school  funds ;  but  when  collected,  shall  be  disbursed  by  said 
County  Board  of  Education,  and  devoted  to  the  specific  purpose  of 
providing  for  expert  supervision  of  the  schools,  the  establishment  or 
maintenance  of  libraries,  teachers'  institutes,  buildings  and  other 
kindred  uses :  Provided,  That  all  estimates  of  the  County  Board 
of  Education  for  such  special  levy,  be  first  submitted  to,  and 
approved  by,  the  State  Board  of  Education,  before  the  levy  is  actu- 
ally made,  and  entered  upon  the  tax  duplicates  of  the  county.  Such 
special  county  tax  when  levied  shall  be  collected  at  the  same  time, 
and  by  the  same  officers,  as  other  county  taxes  for  the  same  year : 
and  shall  be  held  in  the  county  treasury,  and  expended  only  upon  the 
warrant  of  the  County  Board  of  Education,  countersigned  by  the 
County  Superintendent  of  Education. 

4.  To  select  and  employ  for  a  term  of  four  years  a  suitable  expert, 
as  hereinafter  provided  for,  as  County  Superintendent  of  Education, 
and  to  fix  his  salary,  which  shall  be  paid  out  of  the  special  county 
tax :  Provided,  That  no  County  Superintendent  of  Education  shall 
be  paid  less  than  twelve  hundred  dollars  a  year. 

5.  To  appoint  the  School  District  Trustees  in  each  school  district, 
and  to  remove  them  for  cause,  and  to  fill  vacancies  in  the  School 
District  Boards  of  Trustees  as  they  may  occur :  Provided,  That  noth- 
ing in  this  subdivision  of  this  section  shall  apply  to  special  school 
districts  vested  by  their  charters  or  special  Acts  of  the  General 
Assembly  of  this  State  with  special  powers  and  privileges  as  to  the 
selection  of  their  trustees. 

6.  To  divide  their  respective  counties  into  convenient  school  dis- 
tricts, as  compact  in  form  as  practicable,  having  regard  to  natural 
boundaries,  and  not  to  exceed  forty-nine  or  be  less  than  nine  square 
miles  in  area,  and  to  alter  the  lines  thereof ;  and,  also,  upon  the  writ- 


31 

Sub.  2.  Improvement  on  old  law  in  keeping  record  and  reporting 
upon  available  school  revenues. 


Sub.  3.  Provides  for  the  raising  of  money  to  pay  the  County 
Superintendent  of  Education,  to  establish  and  maintain  libraries, 
teachers'  institutes,  and  other  kindred  uses  in  a  different  man- 
ner from  that  now  provided  in  the  old  law ;  but  the  county  school 
taxes  are  not  necessarily  increased  by  it  to  any  considerable  extent. 
The  change  proposed  is  necessary  to  enable  the  County  Board  of 
Education  to  employ  an  expert  to  supervise  the  rural  schools  and 
take  the  office  of  County  Superintendent  of  Education  out  of 
politics. 


Sub.  4.  This  is  probably  the  most  vital  provision  of  the  proposed 
new  law.  It  vests  the  selection  of  the  County  Superintendent  of 
Education  in  the  County  Board  of  Education  and  enables  that  Board 
to  employ  an  expert  for  the  supervision  of  the  public  schools. 


Sub.  5.  Old  law. 


Sub.  6.    Practically  old  law  with  a  few  minor  changes.     Present 
school  laws  on  these  subjects  collected,  condensed  and  harmonized 


32 

ten  petition  of  the  majority  of  the  qualified  electors  and  resident 
freeholders  of  the  district  affected,  to  consolidate  districts,  and  to 
create  new  districts.  The  present  division  of  the  counties  into  school 
districts  shall  remain  until  changed  by  the  County  Boards  of  Edu- 
cation. Whenever  it  is  desired  to  unite  into  one  school  district 
adjoining  territory  in  two  or  more  counties,  this  may  be  done  by  the 
joint  action  of  the  Boards  of  Education  of  the  respective  counties. 
A  school  district  thus  formed  may  be  dissolved  in  the  same  way. 
Whenever  a  school  district  is  divided,  or  the  lines  thereof  altered, 
or  a  new  school  district  formed,  it  shall  be  the  duty  of  the  County 
Boards  of  Education  to  have  a  survey  of  such  school  district  made 
by  some  competent  surveyor,  and  a  plat  made  thereof,  showing  the 
correct  boundaries,  and  filed  in  the  office  of  the  Clerk  of  Court  for 
such  county  or  counties.  The  County  Boards  of  Education  are 
authorized  and  empowered  to  have  school  district  surveys  made  of 
their  counties,  to  define  the  boundaries  thereof,  and  to  have  the  plats 
showing  such  boundaries  recorded  in  the  office  of  the  Clerk  of 
Court ;  and  to  pay  the  expenses  for  such  surveys,  plat,  and  recording 
out  of  the  special  county  tax  provided  for  in  subdivision  3  of  this 
section. 

Whenever  a  municipality  constituting  a  school  district  extends  its 
corporate  limits,  the  boundaries  of  the  school  district  shall  at  the 
same  time  become  coincident  with  the  boundaries  of  such  town  or 
city.  Whenever  a  school  district  shall  increase  or  decrease  its  area 
contrary  to  constitutional  limitations,  it  shall  forfeit  the  right  to 
receive  any  State  public  school  funds. 

7.  To  regulate  the  establishment  in  each  school  district  of  a  suffi- 
cient number  of  schools  to  provide  adequate  educational  facilities 
for  all  children  between  the  ages  of  six  and  twenty-one  years. 

8.  To  prohibit  the  establishment  of  any  free  public  school.  No 
such  school  shall  be  opened  with  fewer  than  ten  pupils,  except 
upon  the  written  permission  of  the  County  Board  o.f  Education : 
Provided,  That  this  permission  shall  not  be  granted  if  the  proposed 
school  is,  by  the  nearest  passable  road,  within  two  and  one-half  miles 
of  any  other  organized  school  for  pupils  of  the  same  race. 

9.  To  act  as  a  tribunal  or  court,  for  determining  any  matter  of 
local  controversy  in  reference  to  the  construction  or  administration 
of  the  school  law,  with  power  to  summon  witnesses,  administer  oaths 
and  take  testimony  when  necessary.  The  decision  of  the  County 
Board  of  Education  shall  be  binding  upon  the  parties  to  such  con- 
troversy: Provided,  That  either  or  any  of  the  parties  affected  by 


33 


Sub.  7.   Practically  old  law. 

Sub.  8.  Prevents  hurtful  multiplication  of  neighborhood  schi 
and  consequent  waste  of  public  funds. 


Sub.  9.  Old  law. 


34 

such  decision  shall  have  the  right  of  appeal  to  the  State  Board  of 
Education  as  provided  in  subdivision  15,  of  Section  11. 

10.  To  review  on  appeal  the  orders,  and  action,  of  the  School  Dis- 
trict Boards  of  Trustees  within  their  counties. 

1 1.  To  recommend  that  the  State  Board  of  Examiners  revoke  for 
immoral  or  improper  conduct  or  evident  unfitness  for  teaching,  any 
teacher's  certificate. 

12.  To  pass  upon  all  petitions  for  the  voting  of  special  tax  levies 
in  any  school  district  in  their  counties,  for  the  voting  of  bonds,  or 
for  the  establishment  of  high  schools  in  such  districts. 

13.  To  transfer  pupils  from  a  school  district  in  one  county  to  a 
district  in  an  adjoining  county,  with  the  consent  of  both  of  the 
County  Boards  of  Education  and  of  both  Boards  of  School  Dis- 
trict Trustees. 

COUNTY  SUPERINTENDENT  OF  EDUCATION. 

Sec.  23.  At  the  expiration  of  the  term  of  office  for  which  the  pres- 
ent County  Superintendents  of  Education  have  been  elected,  the 
County  Board  of  Education  of  each  county  shall  select  and  employ  a 
County  Superintendent  of  Education,  who  may  be  chosen  from  eligi- 
ble applicants,  either  in  or  out  of  the  county:  Provided,  That  the 
terms  of  the  present  County  Superintendents  shall  extend  to  the  end 
of  the  scholastic  year  during  which  said  terms  would  have  expired 
according  to  existing  statutes.  Before  entering  upon  his  duties, 
the  County  Superintendent  of  Education  shall  give  bond  for  the 
faithful  performance  thereof,  in  the  sum  of  three  thousand  dollars, 
either  with  some  surety  company  authorized  and  licensed  to  act  as 
surety  upon  the  bonds  of  public  officers  in  this  State,  the  premium 
upon  which  bond  shall  be  paid  out  of  the  special  conntv  tax  above 
provided  for,  or  with  individual  securities,  to  be  approved  by  the 
County  Board  of  Commissioners ;  conditioned  for  the  faithful  per- 
formance of  his  duties. 

Sec.  24.  The  County  Superintendent  of  Education  shall  be  com- 
missioned by  the  chairman  and  secretary  of  the  State  Board  of 
Education,  upon  evidence  being  submitted  to  that  Board  of  his 
appointment  and  employment  by  the  County  Board  of  Education. 

Sec.  25.  The  County  Superintendent  of  Education  shall  have  the 
following  qualifications: 

1.  He  shall  be  not  less  than  twenty-five  years  of  age  at  the  time 
of  his  selection  and  employment. 


35 


Sub.  10.  Old  law. 

Sub.  11.  Practically  old  law. 

Sub.  12.  Old  law. 

Sub.  13.  Old  law  clianged. 


COUNTY  SUPERINTENDENT  OF  EDUCATION. 

Sec.  23.  It  is  very  generally  agreed  that  the  efficiency  of  any  sys- 
tem of  schools  must  depend  more  upon  the  quality  of  the  supervision 
than  upon  any  other  one  agency.  There  has  been  a  very  general 
demand  in  the  State  for  some  time  that  some  means  be  devised  to 
secure  expert  supervision  for  the  rural  schools.  The  Commission 
has  felt  that  it  was  one  of  its  most  imperative  duties  to  supply  this 
most  pressing  need  of  the  schools  and  to  meet  the  insistent  demand 
of  the  people  for  this  urgent  reform. 


Sec.  21.  The  County  Superintendent  of  Education  i>  made  an 
employee  of  the  County  Board  of  Education  and  not  an  office- 
holder. 


Sec.   25.    Sub.    1-3.   Insures   maturity   and   professional   experience 
on  the  part  of  the  County  Superintendent  of  Education,  and  by  pre- 


36 

2.  He  shall  have  been  a  resident  of  the  State  for  not  less  than  one 
war  prior  to  his  selection. 

3.  He  shall  have  served  as  a  regular  teacher  or  superintendent  in 
some  organized  school  or  school  system  at  least  two  scholastic  years 
before  he  is  eligible  to  the  position. 

Sec.  26.  It  shall  be  the  duty  of  the  County  Superintendent  of 
Education,  and  he  is  authorized : 

1.  To  have  general  supervision  of  the  public  schools  of  the  county, 
and  to  give  his  entire  time  to  their  administration. 

2.  To  hold  meetings  for  the  instruction  of  the  teachers  of  his 
county  in  the  arts  of  teaching  and  school  management. 

•').  To  visit,  as  often  as  practicable,  the  schools  of  the  county,  and 
to  give  such  advice  as  the  needs  of  the  schools  mav,  in  his  judgment, 
demand. 

4.  To  act  as  secretary  of  the  County  Board  of  Education  ;  to  keep 
a  full  record  of  its  acts  and  proceedings,  which  record  shall  at  all 
times  be  open  to  inspection  ;  and  to  be  the  custodian  of  all  records, 
property  and  effects  of  said  Board. 

5.  To  keep  in  proper  form,  and  subject  to  inspection,  a  record  and 
full  account  of  all  school  moneys  and  funds  received  and  disbursed 
in  the  county. 

6.  To  ascertain  the  amount  of  taxes  collected,  and  funds  applica- 
ble to  school  purposes  in  each  school  district  of  the  county. 

7.  To  aid  the  County  Board  of  Education  in  apportioning  the  con- 
stitutional three-mill  school  tax  as  provided  in  subdivision  1,  of 
Section  22. 

8.  To  notify,  as  soon  as  possible,  the  County  Treasurer,  and  the 
School  District  Trustees,  of  the  apportionment  of  school  taxes,  and 
the  funds  applicable  to  school  purposes  in  each  school  district.  It 
shall  be  the  duty  of  the  County  Treasurer  to  enter  upon  his  books,  to 
the  credit  of  each  school  district,  the  amount  due  such  district  accord- 
ing to  the  certificate  of  apportionment,  and  the  County  Treasurer 
shall  pay  out  the  moneys  belonging  to  the  respective  school  districts, 
upon  the  school  warrants,  signed  by  a  majority  of  the  trustees  of 
such  school  district,  and  countersigned  by  the  County  Superintendent 
of  Education,  for  that  scholastic  year  in  the  order  of  their  presenta- 
tion :  Provided,  There  are  no  outstanding  claims  for  the  previous 
scholastic  year  which  should  be  first  paid,  under  the  provisions  of 
Section  58;  and  the  Comptroller  General  shall  allow  the  warrants 
thus  paid  as  proper  vouchers  in  the  hands  of  the  County  Treasurer. 


scribing  qualifications  makes  it  imperative  that  the  County  Superin- 
tendent he  selected  by  a  Board. 


Sec.  ?6.  Sub.  1.   Whole  time  demanded. 


Sub.  2.  Practically  old  law. 
Sub.  3.  Old  law. 

Sub.  1.  Old  law. 


Sub.  5.  Old  law. 

Sub.  6.  Old  law. 

Sub.  V.  Practically  old  law. 

Sub.  8.  Old  law. 


38 

9.  To  examine  and  approve  all  proper  claims  of  every  description 
whatsoever,  which  are  chargeable  against  the  funds  raised  for  the 
support  of  the  public  schools,  and  countersign  all  proper  warrants 
issued  by  the  School  District  Boards  of  Trustees  for  the  payment 
of  such  claims  as  shall  be  approved  by  him. 

10.  To  keep  a  record  or  register  of  all  school  claims  approved  by 
him,  and  of  such  other  matters  as  the  State  Superintendent  of  Edu- 
cation may  direct,  and  in  the  form  prescribed  by  said  State  Superin- 
tendent. 

11.  To  make  an  annual  report,  by  school  districts,  of  all  receipts 
and  disbursements  of  the  school  funds  of  the  county,  or  school 
districts  therein,  filed,  audited,  approved,  allowed  and  ordered  paid 
during  each  scholastic  year  to  the  presiding  Judge  at  the  fall  term 
of  the  Court  of  General  Sessions  for  his  county;  which  report  shall 
be  submitted  by  said  Judge  to  the  grand  jury  for  -examination  by 
them.  After  such  examination  the  grand  jury  shall  report  thereon 
to  the  Court  any  matter  growing  out  of,  or  pertaining  to,  said  annual 
report,  which  may  seem  worthy  of  the  attention  of  the  Court. 
The  said  report  shall  thereupon  be  filed  by  the  Clerk  of  said  Court, 
and  be  kept  as  a  record  of  said  Court  for  inspection  by  any  citizen 
desirous  of  examining  the  -same. 

12.  To  make  an  annual  report  to  the  County  Treasurer,  on  or 
before  the  15th  day  of  July,  of  all  school  claims,  arranged  by  school 
districts,  approved  by  him  during  the  preceding  scholastic  year. 
The  County  Treasurer  shall  thereupon  close  the  school  accounts 
for  that  year,  and  carry  over  any  balance  to  the  credit  of  any  school 
district  at  the  end  of  the  preceding  scholastic  year  to  its  credit  for 
the  current  scholastic  year. 

13.  To  furnish  the  School  District  Boards  of  Trustees  of  each 
district  in  his  county  with  copies  of  the  reports  made  to  him  by  the 
County  Auditor  as  to  the  persons  assessed  or  listed,  and  paying  poll 
taxes,  or  returning  dogs  for  taxation ;  and  to  aid  the  trustees  in 
securing  all  proper  corrections  to  be  made  in  such  lists. 

14.  To  be  present  at  the  annual  settlement  of  the  County  Treas- 
urer with  the  County  Auditor,  and  then  and  there  produce  in  the 
office  of  the  County  Auditor,  the  duplicates  of  claims  allowed  or 
approved  by  him,  and  ordered  paid  out  of  the  school  funds,  and 
vouch  thereby  each  amount  presented  by  the  County  Treasurer  for 
a  credit  in  his  settlement  for  the  amount  of  school  funds  and  taxes 
which  are  charged  against  him  as  County  Treasurer. 


39 

Sub.  9.  Old  law. 


Sub.  10.  Old  law- 


Sub.  11.  Practically  old  law  with  important  additions. 


Sub.  12.  Practically  old  law  with  protection  to  the  Treasurer. 


Sub.  13.  Old  law. 


Sub.  14.  Practically  old  law 


40 

15.  To  make,  through  the  County  Board  of  Education  to  the  State 
Superintendent  of  Education,  an  annual  report,  and  any  supplemen- 
tary report,  at  such  times,  and  in  such  forms,  as  the  State  Superin- 
tendent may  require. 

1  6.  To  inspect  at  least  once  a  year  all  school  buildings  and  school 
sites  in  his  county ;  to  exercise  care  and  supervision  over  the  sani- 
tary arrangements  of  schoolhouses  and  school  grounds  ;  and  to  con- 
demn any  school  building  unfit  for  use,  upon  the  written  request  of 
the  County  Board  of  Education  or  any  of  the  Division  Supervisors, 
and  to  forbid  the  continuance  of  any  public  school  in  a  building  thus 
condemned. 

17.  To  approve  all  contracts  for  the  erection  of  schoolhouses,  the 
employment  of  teachers,  and  school  improvements,  within  the  school 
districts  of  his  county,  subject  at  all  times  to  the  review  of  his  action 
by  the  County  Board  of  Education.  No  teacher  shall  be  retained  in 
any  public  school  for  a  longer  period  than  the  current  scholastic  year, 
over  the  written  protest  of  the  County  Superintendent  of  Education, 
addressed  to  the  chairman  of  the  School  District  Board  of  Trustees 
and  of  the  County  Board  of  Education. 

1 8.  To  administer  oaths  free  of  charge. 

1!).  To  conduct  all  such  examinations  as  may  be  required  by  the 
State  Superintendent  of  Education,  the  State  Board  of  Education, 
or  the  County  Board  of  Education. 

20.  To  keep  in  his  office  a  die,  in  circular  form,  upon  the  center 
of  which  shall  be  engraved,  in  capital  letters,  the  word  "seal."  and 
on  the  circumference  "County  Board  of  Education  of 
County,"  which  shall  be  regarded  as  the  official  seal  of  said  Board, 
which  the  County  Superintendent  of  Education  shall  be  required  to 
impress  upon  all  papers  issued  from  the  office  of  the  County  Board 
of  Education.  The  County  Superintendent  of  Education  shall  sign 
his  name  to  such  papers. 

21.  To  turn  over  to  his  successor,  at  the  expiration  of  his  term,  or 
removal,  all  records,  books,  maps,  documents  and  papers  of  wbatever 
kind,  belonging  to  the  County  Board  of  Education,  or  in  bis  custody 
as  County  Superintendent  of  Education,  or  which  may  have  been 
received  by  him  for  the  use  of  said  office. 

22.  To  perform  such  other  duties  as  may  be  required  of  him  by 
the  County  Board  of  Education. 


41 
Sub.  15.  Practically  old  law. 


Sub.  16.  Old  law  modified  so  that  fitness  and  proper  sanitary  con- 
ditions may  be  assured. 


Sub.  17.  Prevents  waste  of  money  on  ineffective  plans  for  school 
buildings  and  guards  against  incompetent  teachers. 


Sub.  18.  Old  law. 

Sub.  1!».   Practically  old  law. 

Sub.  20.    Practically  old  law. 


Sub.  21.   Practically  old  law. 


Sub.  2'i.  Practically  old  law. 


42 

SCHOOL  DISTRICT  BOARDS  OF  TRUSTEES. 

Sec.  27.  On  the  second  Tuesday  in  July,  1912,  there  shall  he 
appointed  in  each  school  district  of  their  county,  by  the  County  Board 
of  Education,  and  commissioned  by  its  chairman  and  secretary,  a 
Board  of  three  School  District  Trustees,  to  serve  for  terms  of  one, 
two  and  three  years, ,.  respectively,  and  until*  their  successors  are 
appointed  and  qualified,  unless  sooner  removed  from  office  by  the 
County  Board  of  Education.  On  the  second  Tuesday  in  each  suc- 
ceeding July,  the  vacancies  naturally  occurring  in  said  School  District 
Board  of  Trustees  shall  be  filled  by  appointment  by  the  County 
Board  of  Education,  and  such  appointee  shall  serve  for  a  term 
of  three  years,  and  until  his  successor  shall  have  been  appointed 
and  qualified.  In  the  event  of  the  death,  resignation  or  removal 
of  a  trustee,  an  appointment  shall  be  made  by  the  County 
Board  of  Education  to  fill  the  vacancy  for  the  unexpired  term  of  his 
immediate  predecessor  in  office.  The  present  members  of  the  School 
District  Boards  of  Trustees  shall  serve  until  the  second  Tuesdav  in 
July,  1912,  and  until  the  Boards  above  directed  to  be  appointed  on 
that  day.  shall  have  been  appointed  and  qualified.  In  each  school 
district  containing  an  incorporated  town  of  twenty-five  hundred 
inhabitants  or  more,  there  shall  be  two  trustees  appointed  by  the 
t<  »wn  or  city  council  of  such  town  or  city,  and  commissioned  as  the 
other  School  District  Trustees,  to  serve  for  a  term  of  four  years, 
and  until  their  successors  are  appointed  and  qualified,  unless  sooner 
removed  from  office  by  the  County  Board  of  Education.  These  two 
additional  trustees  shall  in  such  town  or  cities  act  concurrently  with 
the  three  above  provided  for  and  to  be  appointed  by  the  County 
Board  of  Education.  At  the  time  of  the  appointment  of  the  first 
Board  of  School  District  Trustees  under  this  section,  one  of  such 
additional  trustees  shall  be  appointed  by  the  city  or  town  council 
for  four  years,  and  the  other  for  two  years :  Provided,  That  in  all 
soccial  districts,  including  a  town  of  at  least  twenty-five  hundred 
inhabitants,  according  to  the  census  of  1010,  the  number  and  the 
mode  of  selection  of  trustees  shall  remain  as  now  provided  by  the 
General  Assembly. 

Si:c.  28.  No  person  shall  be  eligible  as  a  member  of  a  Board  of 
School  District  Trustees  who  is  not  a  qualified  elector  and  a  resident 
t;i\  payer  in  the  school  district.  Nor  shall  he  be  commissioned  as  a 
member  of  such  Board  until  he  has  subscribed  to  the  oath  required 
by  Section  26  of  Article  III  of  the  Constitution. 


43 


Sec.  27.  Terms  of  members  of  Boards  of  Trustees  made  to  expire 
one  each  year,  thus  insuring  some  permanency  of  policy  in  the#  Board. 
Any  member  is  eligible  to  reappointment.  In  towns  of  2,500  popu- 
lation and  upward  it  has  been  thought  well  to  have  school  boards  of 
five  members.  The  two  additional  members  .are  to  be  appointed  by 
the  town  council.  The  Boards  in  special  districts  in  towns  above 
•2.o00  population  are  unchanged* 


Sec.  28.   Practically  old  law. 


44 

Sec.  29.  The  School  District  Board  of  Trustees  shall  meet  and 
organize  within  two  weeks  after  the  second  Tuesday  in  July  of  each 
year,  by  electing  one  of  their  number  chairman  and  another  secretary. 
All  members  of  the  School  District  Board  of  Trustees,  including  the 
secretary  and  chairman,  shall  serve  without  compensation.  The 
secretary  shall  keep  a  record  of  their  proceedings,  and  a  register  of 
all  claims  approved  by  them,  in  a  book  or  books  provided  for  that 
purpose. 

Sec.  30.  It  shall  be  the  duty  of  the  School  District  Boards  of  Trus- 
tees, and  they  are  authorized : 

1.  To  make  contracts  on  behalf  of  their  school  districts  to  the 
extent  of  the  school  funds  at  their  disposal,  subject  to  review  of  their 
action  by  the  County  Board  of  Education,  and  the  State  Board  of 
Education ;  and  to  expend  and  disburse  the  funds  belonging  to  their 
school  districts  according  to  law. 

2.  To  purchase  suitable  school  sites  in  their  school  districts,  and  to 
sell  any  school  property  within  their  districts,  either  real  or  personal, 
whenever  they  deem  it  expedient  to  do  so,  and  to  apply  the  proceeds 
of  such  sale  to  the  school  fund  of  such  districts,  depositing  the  pro- 
ceeds of  the  sale  with  the  County  Treasurer,  to  be  held  by  him  as 
are  other  school  funds  of  such  district:  Provided,  That  the  consent 
of  the  County  Board  of  Education  be  first  obtained  by  said  trustees 
before  making  such  sale ;  and  within  thirty  days  after  such  sale  is 
made,  the  said  trustees  must  make  a  report  in  writing  to  the  County 
Board  of  Education  setting  forth  the  amount  and  description  of 
property  sold,  the  price  for  which  sale  was  made,  and  the  terms  of 
sale. 

3.  To  provide  comfortable  and  convenient  schoolhouses  in  their 
districts,  and  to  keep  the  same  in  good  repair:  Provided.  That  the 
plans  of  all  such  buildings  be  first  submitted  to  the  County  Board  of 
Education  and  the  State  Superintendent  of  Education,  and  be 
approved  by  them:  Provided,  further.  That  all  public  school  build- 
ings paid  for  wholly  or  in  part  out  of  the  public  school  funds  shall 
be  the  exclusive  property  of  the  school  district,  and  shall  be  erected 
only  on  lands  owned  in  fee  simple  by  such  district. 

4.  To  take  care  of,  manage  and  control  all  the  school  property  of 
their  districts. 

.").  To  take  and  hold  in  trust  for  their  particular  school  district  any 
property  granted,  devised,  given  or  bequeathed  to  such  school  dis- 
trict, and  apply  the  same  in  the  interest  of  their  district  in  such  man- 
ner as  in  their  judgment  seems  most  conducive  to  the  welfare  of  the 


45 
Sec.  29.  Old  law. 


Sec.  30.  Sub.  1.  Old  law 


Sub.  2.  In  the  main  the  old  law.  Requires  that  all  district  funds 
be  handled  by  the  County  Treasurer,  a  bonded  officer.  Provision  is 
made  against  the  sale  of  district  property  by  a  majority  of  the  Board. 
two  men.  when  such  course  would  be  deemed  unwise  by  others. 


Sub.  3.  Attempts  to  insure  comfortable  schoolhouses  for  the  chil- 
dren. 


Sub.  4.  Old  law. 

Sub.  5.  Old  law  with  additional  security  of  grants. 


46 

schools  in  such  district,  when  not  otherwise  directed  by  the  terms  of 
the  grant,  devise,  gift  or  bequest:  Provided,  however,  That  before 
said  trustees  shall  assume  control  of  any  grant,  devise,  gift  or 
bequest,  they  may  be  required  by  the  County  Board  of  Education  of 
the  county  in  which  such  grant,  devise,  gift  or  bequest  is  made,  at 
its  discretion,  to  give  a  bond  with  sureties,  to  be  approved  by  such 
County  Board,  and  in  such  amount  as  said  County  Board  may 
require,  not  exceeding  double  the  value  of  the  trust  property,  con- 
ditioned for  the  faithful  discharge  of  the  trust  reposed  in  them  in 
respect  to  such  property,  which  bond  shall  be  deposited  with,  and 
recorded  in  the  office  of,  the  Clerk  of  Court  of  said  county. 

6.  To  execute  all  bonds  issued  by  their  school  district  for  the 
erection,  enlargement,  improvement  and  equipment  of  schoolhouses ; 
and  to  provide  for  the  payment  of  such  bonds. 

7.  To  take  the  management  and  control  of  the  local  educational 
interests  .of  their  district,  to  regulate  the  opening  and  the  closing  of 
the  school  terms  therein,  and  to  visit  and  inspect  each  public  school 
therein  at  least  once  in  every  school  term,  subject  to  the  supervision 
and  orders  of  the  County  Board  of  Education. 

8.  To  hold  a  regular  meeting  or  session  in  their  school  district  at 
least  two  weeks  before  the  commencement  of  any  and  every  school 
term,  for  the  transaction  of  any  and  all  business  incident  or  necessary 
to  the  prosperity  of  the  schools,  with  power  to  adjourn  from  time  to 
time;  and  to  hold  special  meetings  when  called  together  by  the  chair- 
man or  by  any  two  members  of  the  Board. 

9.  To  supply  out  of  the  school  funds  of  the  district  the  necessary 
furniture,  maps,  globes,  and  other  school  apparatus,  subject  to  the 
supervision  of  the  County  Board  of  Education. 

10.  To  employ  teachers  from  among  those  holding  valid  teachers' 
certificates,  to  fix  their  salaries,  and  to  discharge  said  teachers  for 
improper  or  immoral  conduct  or  evident  unfitness  for  teaching,  sub- 
ject to  a  review  of  their  action  by  the  County  Board  of  Education  on 
appeal  from  such  order  of  discharge.  No  board  of  trustees  shall 
employ  as  a  teacher  the  wife,  daughter  or  son  of  any  member  of  the 
Board.  Nor  shall  such  Board  employ  as  teacher  in  the  schools  under 
its  charge,  any  other  person  who  is  related  to  any  member  of  the 
Board  by  consanguinity  or  affinity,  nearer  than  second  cousin,  unless 
each  and  every  member  of  the  Board  submits  a  written  request  to 
that  effect,  which  shall  be  approved  by  the  County  Board  of  Educa- 
tion. 


47 


Sub.  6.  Old  law. 


Sub.  7.  Old  law  in  the  main. 


Sub.  S.  Old  law. 


Sub.  9.  Old  law  made  more  definite. 


Siil).  10.  Old  law  made  more  specific  and  stringent. 


48 

11.  To  suspend  or  dismiss  pupils  from  the  schools  of  the  district, 
and,  having  regard  to  the  convenience  ©f  the  pupils,  determine  what 
schools  in  the  district  they  shall  attend. 

12.  To  transfer  pupils  from  one  adjoining  district  to  another 
within  the  same  county,  but  only  with  the  consent  of  the  trustees  of 
both  districts. 

13.  To  determine  the  length  of  the  school  day  in  their  respective 
districts :  Provided,  That  the  school  day,  including  all  recesses,  shall 
not  exceed  six  hours,  except  by  the  written  permission  of  the  County 
Superintendent  of  Education  given  to  the  chairman  of  the  School 
District  Board  of  Trustees. 

1-4.  To  determine  what  holidays  shall  be  observed  in  their  districts, 
and  under  the. direction  of  the  County  Superintendent  of  Education, 
how  they  shall  be  observed. 

15.  To  impose,  in  their  discretion,  examinations  of  teachers  in 
addition  to  those  required  by  the  State  Board  of  Examiners  for 
Teachers. 

16.  To  fix,  subject  to  the  approval  of  the  County  Board  of  Educa- 
tion, the  amount  of  tuition  fees  for  children  of  nonresidents,  inci- 
dental fees  and  other  moneys  to  be  collected  in  the  public  schools  of 
their  district. 

17.  To  examine  into,  and  approve  or  disapprove  all  claims  pre- 
sented against  the  school  'funds  of  their  district,  and  to  sign  the  war- 
rants issued  for  payment.of  such  claims. 

18.  To  administer,  when  in  th>- discharge  of  their  official  duty, 
oaths,  without  compensation  therefor. 

19.  To  cross  all  bridges  and.  ferries  free  of  charge  when  traveling 
on  officjal  business*.  .  » 

Sec.  31:  It  shall.be  unlawful  for  any  member  of  the  County  Board 
of  Education,'  any  County  Superintendent  of  Education,  or  any 
School  Trustee,  or' any  other**school  official,  to  be  an  agent  for  or  to 
deal  in  school  books,  school  furniture,  maps,  globes,  or  any  other 
school*  supplies,  or*  to'  buy,  discount  or  share  in,  any  teacher's  pay 
certificate  or  any  other  school' claim  except  for  his  own  services 

Sec.  32.  The  chairman  of  any  School  District  Board  of  Trustees 
shall  have  authority  to  call  meetings  of  the  qualified  electors  and 
patrons  of  the  schools  in  his  district,  to  consult  as  to  its  educational 
interests;  but  at  such  meetings  the  trustees  shall  not  submit  to  those 
present  either  the  election  or  the  nomination  of  teachers. 

Sec.  33.  The  School  District  Hoard  of  Trustees  shall  not  contract 
any   debt   on   behalf   of   its   district    in    excess   of    the   school    fund 


4!) 
Sub.  11.  Old  law. 

Sub.  12.  Does  away  with  friction  arising  under  the  old  law. 

Sub.  13.  Fixes  the  authority  for  determining  the  school  day. 


Sub.  14.  Fixes  the  authority  for  determining  what  holidays  a 
district  shall  observe.  A  school  running  four  months  can  ill  afford 
to  observe  as  many  holidays  as  might  be  observed  by  a  school  run- 
ning nine  months. 


*& 

Sub.  15.  Old  law 


Sub.  16.  Old  law. 


Sub.  17.  Old  law. 

Sub.  18.  Old  few. 

Sub.  1!).  Old  law. 

Sec.  31.  Old  law. 


i 


Sec.  '.VI.  Old  law,  except  that. it; prohibits  that  which  formerly 
caused  so  many  neighborhood  quarrels — practically  the  election  oi 
teachers  by  the  patrons,  instead  of  by  the  legally  authorized  body, 

the  trustees. 

Sec.  33.  Old  law. 


50 

apportioned  to,  or  accruing  to,  such  district  during  the  current  scho- 
lastic year. 

CLAIMS  AND  REPORTS. 

Sec.  34.  The  truth  and  correctness  of  every  claim  against  the 
school  funds  of  any  district,  shall  be  proved  by  an  affidavit  to  be 
sworn  to  and  subscribed  to  by  the  person  presenting  such  claim  to  the 
effect,  that  the  consideration  named  has  been  actually  rendered  to  the 
school  district,  and  that  the  amount  claimed  is  true  and  correct  and 
that  the  claim  has  not  been  theretofore  paid  by  such  district,  before  it 
shall  be  approved  by  the  School  District  Board  of  Trustees  or  any 
other  person  authorized  by  law  to  examine  or  approve  the  same 
Warrants  for  the  payment  of  such  claims  against  the  school  districts 
shall  be  signed  by  the  secretary  of  the  School  District  Board  of  Trus- 
tees and  at  least  one  other  member  thereof,  as  well  as  by  the  County 
Superintendent  of  Education. 

Sec.  35.  The  scholastic  month  in  the  public  schools  of  thi>  State 
shall  consist  of  twenty  school  days,  inclusive  of  holidays  approved 
by  the  Boards  of  Trustees. 

Sec.  36.  The  scholastic  year  shall  begin  on  the  first  day  of  Inly 
of  each  year,  and  end  on  the  30th  day  of  June  following. 

Sec.  37.  The  free  public  schools  of  this  State  shall  continue  in 
session  in  each  school  district  not  less  than  three  months  in  each 
scholastic  year.  Any  Board  of  School  District  Trustees  closing  or 
attempting  to  close  any  school  in  the  district  which  has  not  been  in 
session  three  months,  shall  be  at  once  removed  from  office  by  the 
County  Board  of  Education,  unless  said  school  be  suspended  for 
sanitary  reasons:  Provided,  Such  reasons  be  deemed  sufficient  by 
the  County  Superintendent  of  Education. 

Sec.  38.  The  tuition  fees,  if  any,  incidental  fees,  and  all  other 
moneys  collected  in  any  public  school  shall  be  deposited  with  the 
County  Treasurer,  who  shall  place  the  same  to  the  credit  of  the 
school  district,  and  the  amount  of  such  collections  and  deposits  shall 
be  reported  by  the  County  Treasurer  to  the  County  Superintendent 
of  Education,  before  June  30th  of  each  year.  A  failure  to  make 
such  deposit  or  report  shall  constitute  a  misdemeanor. 

Sec.  39.  At  the  expiration  of  each  school  month,  each  teacher  in 
a  free  public  school  shall  make  out,  and  hie  with  the  secretary  of  the 
School  District  Board  of  Trustees  a  report  giving  for  that  month  the 
registration  of  pupils,  classified  according  to  sex,  and  stating  the 
average  attendance  of  such  pupils,  the  branches  taught,  the  number 
of  pupils  engaged  in  studying  each  of  said  branches,  and  such  statis- 


51 


Sec.  34.  Old  law  and  highly  necessary 


Sec.  35.  A  new  and  necessary  definition. 

Sec.  36.  Old  law. 

Sec.  37.  Simpl)  makes  the  old  law  effective. 


Sec.  38.  Important  addition  to  old  law.  All  school  funds  should 
pass  through  the  hands  of  the  County  Treasurer  and  County  Super- 
intendent. 


Sec.  39.  An  adequate  system  of  reports  is  absolutely  necessary. 
Making  full  reports  promptly  i^  a  part  of  the  teacher's  work  for 
which  he  or  she  is  paid. 


52 

tics  as  he  or  she  may  be  required  to  make  by  the  County  Board  of 
Education :  Provided,  That  whenever  a  teacher  is  accidentally  pre- 
vented from  filing  said  report  at  the  expiration  of  any  school  month, 
the  Board  of  Trustees  shall  have  authority  to  receive  such  report 
within  a  reasonable  time  thereafter,  if,  in  the  opinion  of  the  Board, 
the  delay  is  excusable.  On  the  filing  of  the  teacher's  report,  and  its 
approval  by  the  School  District  Board  of  Trustees,  or  a  majority 
thereof,  their  secretary  shall  draw  an  order  or  warrant  in  duplicate 
on  the  County  Treasurer  for  the  amount  of  salary  due  the  teacher, 
which  shall  be  signed  without  delay  by  said  Board,  or  a  majority 
thereof  ;  and  said  order  or  warrant,  if  accompanied  by  a  copy  of  said 
monthly  report,  and  approved  by  the  County  Superintendent  of  Edu- 
cation, shall  be  countersigned  by  him,  and  the  duplicate  filed  in  his 
office.  At  the  expiration  of  the  last  month  of  the  entire  session  each 
teacher  shall  make  out  and  file  with  the  secretary  of  the  School  Dis- 
trict Board  of  Trustees  a  similar  report  for  the  entire  session,  giving 
the  names  of  all  the  pupils  admitted  to  the  school  during  the  scholas- 
tic year,  or  session,  classified  by  sexes,  stating  their  respective  places 
of  residence,  the  number  of  days  each  pupil  attended,  the  average 
attendance  for  the  session,  the  branches  taught,  the  number  of  pupils 
engaged  in  studying  each  of  said  branches,  the  ground  covered  in 
each  branch,  and  such  other  statistics  as  may  be  required  by  either 
the  State  Superintendent  of  Education  or  the  County  Superintendent 
of  Education,  and  the  teacher's  pay  warrant  for  the  last  month  of 
the  session  shall  not  be  signed  by  the  County  Superintendent  of 
Education  until  such  report  has  been  filed :  Provided,  That  the 
superintendent  or  principal  of  any  school  or  system  of  schools  shall 
file  this  annual  report  on  behalf  of  the  teachers  under  him. 

Sec.  40.  It  shall  not  be  lawful  for  any  person  who  is  less  than  six 
or  more  than  twenty-one  years  of  age  to  attend  any  of  the  free  pub- 
lic schools  of  this  State. 

Sec.  41.  In  every  free  public  school  of  this  State  there  shall  be 
taught,  as  far  as  practicable,  reading,  writing,  arithmetic,  spelling, 
English  grammar  and  literature,  geography,  the  history  of  the  United 
States  and  of  this  State,  algebra,  the  elements  of  agriculture  physi- 
ology  and  hygiene,  with  reference  especially  to  the  effect  of  alcoholic 
liquors  and  narcotics  upon  the  human  system,  morals  and  good 
behavior,  and  such  other  branches  of  study  as  the  State  Board  of 
Education  may  from  time  to  time  direct. 

Sec.  42.  Whenever  it  shall  be  made  to  appear  to  tV  _  satisfaction 
of  the  School  District  Board  of  Trustees  of  any  school  district  that 


53 


Sec.  40.  Constitution. 


Sec.  41.  Old  law- 


Sec.  \2.  Old  law   with  two  additions:  limiting  the  amount  to  be 
expended  and  having  the  hooks  returned  to  the  Hoards  of  Trustees. 


54 

any  patron  of  any  school  in  such  district  is  unable  by  reason  of 
poverty  to  purchase  the  necessary  books  for  the  use  of  his  or  her 
children  in  attendance  upon  such  school,  the  said  Board  of  Trustees, 
in  its  discretion,  may  purchase  such  necessary  books,  and  furnish 
the  same  to  such  pupils  under  such  regulations  as  the  Board  of 
Trustees  may  prescribe :  Provided,  That  the  sum  so  expended  for  the 
purchase  of  said  books  does  not  exceed  five  per  cent,  of  the  school 
fund  of  the  district  for  the  current  year:  And  provided,  further. 
That  the  books  so  purchased  shall  be  the  property  of  such  school  dis- 
trict, and  must  be  returned  by  the  pupils  using  them  to  the  Board  of 
Trustees  at  the  end  of  the  school  term. 

HIGH  SCHOOL. 

Sec.  43.  It  shall  be  lawful  for  any  school  district,  or  any  aggre- 
gation of  adjoining  school  districts,  or  for  any  county  in  the  State,  to 
establish  a  high  school  in  the  manner,  and  with  the  privileges,  given 
in  Sections  -13,  44,  45,  46,  47,  48  and  6:5. 

Sec.  44.  Any  high  school  territorial  unit  mentioned  in  Section  43, 
may  establish  a  high  school  by  an  election  held  in  accordance  with  the 
provisions  of  Section  74,  Subsection  1  of  this  Act.  If  a  majority  of 
the  votes  cast  in  the  whole  territory  voting  at  such  election  shall  be 
"For  High  School,"  and  not  "Against  High  School,"  the  high  school 
shall  be  established,  and  become  a  body  corporate,  to  be  known  and 
designated  by  a  name  adopted  therefor  by  the  trustees  of  such  high 
school,  and  a  copy  of  the  resolution  adopting  such  name  shall  be  filed 
with  the  County  Superintendent  of  Education. 

Sec.  45.  Any  school  district  within  any  high  school  territorial  unit 
may  vote  itself  out  of,  and  withdraw  from,  such  unit  or  high  school 
district,  by  an  election  within  such  school  district  to  be  held  in  the 
same  manner  as  that  prescribed  in  Section  41.  to  determine  the  ques- 
tion as  to  the  establishment  of  such  high  school. 

Sec.  16.  If  #a  single  school  district  establish  a  high  school,  or  if 
not  more  than  five  school  districts  unite  to  establish  a  high  school, 
the  School  District  Board  of  Trustees  of  that  school  district  in 
which  the  high  school  building  is  located,  shall  be  the  Board  of  Trus- 
tees of  the  high  school.  If  more  than  five  school  districts  unite  in 
the  establishment  of  a  high  school,  the  School  District  Board  of 
Trustees  of  the  district  in  which  the  high  school  building  is  located. 
together  with  two  other  persons  eligible  to  membership  on  a  school 
district  hoard  and  appointed  by  the  County  Hoard  of  Education, 
shall  constitute  the  Board  of  Trustees  of  said  high  school.     The 


55 


Sec.  43.  Old  law  extended  to  any  place  able  to  maintain  a  high 
school.  The  old  law  discriminates  against  large  towns,  and  under 
the  census  of  1910  will  further  discriminate  against  such  places. 

Sec.  44.  Manner  of  holding  elections — old  law. 


Sec.  45.  Old  law. 


Sec.  46.  Old  law  slightly  changed  to  prevent  two  separate  boards 
from  having  control  of  what  is  really  one  school. 


56 

Board  of  Trustees  of  the  high  school  shall  be  charged  with  the 
duties,  and  exercise  all  of  the  powers  of  a  School  District  Board 
with  reference  to  such  high  school. 

Sec.  47.  The  qualified  electors  and  resident  freeholders  in  any 
territory  proposing  to  become  a  high  school  district,  or  any  high 
school  district  heretofore  established,  are  authorized  to  levy  and  col- 
lect a  special  high  school  tax,  not  exceeding  two  mills  on  the  dollar 
of  the  assessed  value  of  the  taxable  property  in  such  school  district, 
in  the  same  manner  as  provided  in  reference  to  the  special  school  dis- 
trict tax  in  Section  74,  and  all  special  high  school  levies  shall  be  col- 
lected and  disbursed  in  the  same  manner  as  other  local  tax  levies. 

Sec.  48.  Any  public  high  school  already  established,  if  it  shall  be 
organized  and  adopted  as  a  high  school  by  a  special  election,  as  pre- 
scribed in  Section  44  of  this  Act,  in  any  high  school  territory  or  dis- 
trict above  described,  may  claim  the  privileges  of  Sections  44,~45, 
4G.  47,  48  and  63 :  Provided,  That  it  conform  to  the  provisions  of 
said  sections. 

FINANCES. 

Sec.  49.  Every  school  district  now  organized,  or  hereafter  to  be 
organized  in  pursuance  of  this  Act,  is  and  shall  be  a  body  politic  and 
corporate,  by  the  name  and  style  of  School  District  No. 

,  of  County,  State  of  South  Carolina ;  and  in  that 

name  may  sue  and  be  sued,  and  be  capable  of  contracting  and  being 
contracted  with  to  the  extent  of  its  school  funds ;  and  may  take  and 
hold  such  real  and  personal  property  as  it  may  acquire  by  grant, 
purchase,  bequest,  legacy,  gift  or  otherwise,  all  of  which  property 
shall  be  used  exclusively  for  school  purposes.  Such  school  districts 
shall  be  separate  divisions  of  the  counties  for  taxation  for  all  school 
purposes,  including  poll  tax,  dog  tax,  and  all  local  levies  of  taxes  in 
such  districts  for  payment  of  bonds  and  all  ordinary  school  purposes. 

Sec.  50.  The  County  Auditor  shall  require  each  tax  payer,  when 
he  makes  his  tax  returns,  to  give  the  name  and  number  of  the  school 
district  in  which  he  resides,  and  also  the  name  and  number  of  the 
school  district  or  districts  in  which  any  or  all  of  his  real  estate  is 
located.  The  County  Auditor  shall  enter  the  name  and  number  of 
such  districts  in  a  separate  column  in  the  tax  duplicates,  so  as  to 
facilitate  the  assessment  and  collection  of  school  taxes  in  the  proper 
school  districts. 

Sec.  51.  The  County  Auditor,  when  he  has  completed  the  tax 
duplicates,  shall  report  to  the  County  Board  of  Education,  by  school 
districts,  all  names  listed  for  poll  tax,  and  the  names  of  persons 


57 


Sec.  47.  Old  law. 


Sec.  48.  Old  law. 


FINANCES. 

Sec.   49.  Old  law.     This  section  groups   scattered  provisions   in 
existing  statutes. 


Sec.  50.  Old  law.     The  retention  of  this  section  is  made  necessary 

by  the  provisions  of  Sections  72,  73,  74  and  78. 


Sec.  51.  A  slight  addition  to  old  law.  This  information  is  neces- 
sary in  order  that  the  County  Board  of  Education  may  comply  with 
the  requirements  of  Section  22,  Subdivision  2. 


58 

returning  dogs  for  taxation,  the  amount  of  the  capitation  dog  tax, 
and  the  amount  of  taxable  property,  together  with  a  statement  of 
taxes  charged  against  the  same  upon  the  tax  duplicates. 

Sec.  52.  The  several  County  Treasurers  shall  retain  the  poll  tax, 
and  all  other  school  district  taxes  collected  in  their  respective  coun- 
ties, and  expend  the  same  for  school  purposes  in  the  school  district 
from  which  they  are  collected,  upon  proper  warrants  or  orders  issued 
against  said  funds  as  provided  in  this  Act.  Said  County  Treasurers 
collecting  said  taxes  shall  keep  an  account  of  the  exact  amount  of 
such  taxes  collected  in  each  school  district  in  the  county. 

Sec.  53.  Each  County  Treasurer,  when  he  has  finished  the  collec- 
tion of  taxes  for  his  county,  shall  report  to  the  County  Superintend- 
ent of  Education,  by  school  districts,  all  collections  of  school  district 
taxes,  together  with  the  names  of  the  persons  in  the  respective  school 
districts  who  have  paid  their  poll  tax  and  dog  tax. 

Sec.  54.  It  shall  be  the  duty  of  each  County  Treasurer  to  report 
monthly,  on  the  15th  day  of  each  month,  to  the  County  Superintend- 
ent of  his  county,  the  amount  of  collection  and  disbursements  made 
by  him  for  the  preceding  month  on  account  of  school  taxes  and  all 
other  school  funds. 

Sec.  55.  The  County  Treasurer  shall  carry  forward  to  the  next 
scholastic  year  all  sums  in  his  hands  collected  for  any  previous  year 
or  years  for  school  purposes,  and  unexpended,  and  credit  the  same  to 
the  school  district  to  which  it  was  apportioned,  or  belongs ;  and  he 
shall  report  the  same  to  the  County  Superintendent  of  Education. 
.Any  balance  remaining  in  the  hands  of  the  County  Treasurer  from 
any  local  tax  or  from  any  other  school  district  tax  shall  become, 
and  is  hereby  declared  to  be,  a  part  of  the  regular  school  funds  of 
the  school  district,  and  shall  be  so  stated  in  said  report. 

Sec.  56.  It  shall  be  unlawful  for  any  County  Treasurer.  County 
Auditor,  County  Superintendent  of  Education,  member  of  the 
County  Board  of  Education,  or  School  Trustee  to  buy,  discount, 
share  in,  or  be  in  any  way  interested  in  any  teacher's  pay  certificate 
or  other  order  on  the  school  funds,  except  such  as  may  be  payable  to 
him  for  his  own  services;  or  for  any  school  trustee  to  make  any 
contract,  or  be  pecuniarily  interested,  directly  or  indirectly,  in  any 
contract  with  any  school  district  of  which  he  is  a  trustee. 

Sec.  57.  No  school  funds  raised  by  taxation,  or  derived  from  any 
•  'tlier  source,  shall  be  paid  out  by  any  County  Treasurer,  except  upon 
the  order  of  the  School  District  Board  of  Trustees,  countersigned  by 
the  County  Superintendent  of  Education. 


59 


Sec.  52.  Old  law. 


Sec.  53.  Practically  old  law, 


Sec.  5i.  Old  law. 


Sec.  55.  Old  law  with  slight  addition  declaring  any  unexpended 
balance  carried  forward  to  any  succeeding  scholastic  year  to  become 
thereby  a  part  of  the  regular  school  funds  of  the  district. 


Sec.  06.  Practically  old  law  with  an  addition  forbidding  School 
District  Trustees  to  be  pecuniarily  interested  in  any  contract  of  their 
district. 


Sec.  57.  Old  law. 


6U 

Sec.  58.  When  any  school  claim,  whose  payment  has  for  any 
reason  been  deferred,  is  declared  by  the  County  Superintendent,  the 
County  Treasurer,  and  the  County  Auditor  to  be  valid,  the  County 
Treasurer  is  hereby  authorized  and  directed  to  pay  said  claim  out 
of  the  first  moneys  coming  into  his  hands  as  Treasurer  and  belong- 
ing to  the  school  district  against  which  said  claim  is  chargeable. 

Sec.  59.  The  County  Treasurers  and  County  Supervisors  of  the 
several  counties  in  this  State  are  authorized  and  required,  upon  the 
application  of  the  County  Board  of  Education  of  their  county,  to 
borrow  from  time  to  time  during  any  fiscal  year,  such  sums  of  money 
as  may  be  necessary  to  pay  the  school  claims  of  such  county,  not  to 
exceed  75  per  cent,  of  the  amount  of  taxes  reported  by  the  County 
Auditor  to  have  been  assessed  for  school  purposes  for  such  fiscal 
year,  at  a  rate  of  interest  not  to  exceed  seven  per  cent,  per  annum, 
and  to  pledge  the  taxes  to  be  collected  for  that  purpose,  to  the  pay- 
ment of  the  money  so  borrowed  and  the  interest  thereon :  Provided, 
That  all  money  so  borrowed  shall  be  held  and  paid  out  by  the  County 
Treasurer  as  school  funds,  and  without  extra  compensation. 

Sec.  60.  The  State  Treasurer  shall  be  responsible  on  his  official 
bond  for  all  funds  coming  into  his  possession  by  reason  of  Sections 
10  and  11  of  Article  XI  of  the  Constitution.  The  State  School 
Fund  provided  for  in  said  Section  11  of  said  Article  XI  of  the  State 
Constitution,  shall  be  securely  invested  by  the  State  Treasurer  in 
bonds  of  this  State,  or  of  the  United  States,  and  the  income  there- 
from shall  be  apportioned  among  the  several  counties  by  the  State 
Board  of  Education  for  such  purposes  as  that  Board  may  direct 

Sec.  61.  Any  unexpended  balance  of  appropriations  made  by  the 
General  Assembly  to  the  free  public  schools  of  this  State  shall,  at  the 
expiration  of  the  fiscal  year  for  which  said  appropriations  were 
made,  be  retained  by  the  State  Treasurer,  and  are  hereby  declared 
to  be  a  Permanent  School  Fund,  which  shall  be  invested  in  bonds  of 
this  State  or  of  the  United  States.  Such  Permanent  School  Fund, 
together  with  the  income  therefrom,  shall  be  annually  reported  by 
the  State  Treasurer,  and  no  part  thereof  shall  be  expended  until  the 
aggregate  amount  of  said  fund  shall  yield  an  annual  revenue  of  at 
least  forty  thousand  dollars. 

Sec.  62.  Any  County  Superintendent  of  Education  approving  a 
school  warrant,  not  properly  signed  by  a  majority  of  the  School 
District  Board  of  Trustees  of  the  district  against  which  the  claim  is 
issued,  and  any  County  Treasurer  paying  any  school  warrant  or 
claim  not  countersigned  by  the  County  Superintendent  of  Education 


61 
Sec.  58.  Old  law. 


Sec.  59.  Practically  old  law,  except  that  applications  to  the  County 
Treasurer  and  County  Supervisor  for  loans  must  be  made  by  the 
County  Board  of  Education. 


Sec.  60.  The  State  School  Fund  is  thus  named  in  the  Constitution. 
An  effort  is  made  to  provide  a  Permanent  School  Fund  in  Sec- 
tion 61. 


Sec.  61.  One  of  the  most  difficult  problems  confronting  the  Gun- 
mission.  This  recommendation  suggests  the  need  of  providing  in 
South  Carolina  a  Permanent  School  Fund  similar  to  that  established 
in  many  States  by  the  Federal  land  grants. 


Sec.   62.  This  section  insures  correctness   in    school   claims,   and 
prevents  fraud. 


62 

.shall  each  be  liable  for  the  amount  of  such  claim,  upon  their  respec- 
tive official  bonds. 

STATE  APPROPRIATIONS. 

Sec.  63.  The  sum  of  seventy-five  thousand  dollars,  or  so  much 
thereof  as  may  be  necessary,  shall  be  annually  appropriated  by  the 
General  Assembly  in  aid  of  high  schools,  organized  under  the  provi- 
sions of  Sections  43  to  48,  inclusive,  of  this  Act;  and  the  Comp- 
troller General,  upon  the  order  of  the  State  Board  of  Education, 
signed  by  the  State  Superintendent  of  Education  as  secretary  thereof, 
is  authorized  to  draw  upon  the  State  Treasurer  for  such  amounts  as 
may  be  appropriated  for  such  purposes.  The  share  of  said  appro- 
priation apportioned  by  the  State  Board  of  Education,  under  the 
provisions  of  subdivision  12,  of  Section  11,  of  this  Act,  to  any  par- 
ticular high  school,  shall  be  placed  in  the  County  Treasury,  to  be  held 
by  the  County  Treasurer,  to  the  credit  of  such  high  school  district, 
and  shall  be  paid  out  only  upon  the  warrant  of  the  Board  of  Trustees 
of  such  high  school,  duly  approved  and  countersigned  by  the  County 
Superintendent  of  Education.  Every  high  school  receiving  aid  from 
such  appropriation  shall  enroll,  free  of  tuition  charges,  any  high 
school  pupil  in  the  county  in  which  the  school  is  located,  in  the  same 
manner  as  though  such  pupil  were  a  resident  of  that  particular  high 
school  district. 

Sec.  64.  A  sum  of  not  less  than  sixty  thousand  dollars  shall  be 
appropriated  annually  by  the  General  Assembly  for  the  purpose  of 
increasing  the  average  length  of  the  free  school  term  in  this  State  in 
accordance  with,  and  by  authority  expressed  in,  Section  6,  of  Article 
XI.  of  the  Constitution.  No  more  than  one  hundred  dollars  of  this 
fund  shall  be  apportioned  or  appropriated  to  any  one  school  district 
in  any  one  scholastic  year ;  and  no  school  now  running  for  a  period 
of  one  hundred  days  or  more,  or  hereafter  to  run  for  a  period  of  one 
hundred  days  or  more,  upon  the  funds  accruing  to  said  school  from 
the  regular  school  funds  shall  receive  aid  from  this  appropriation. 
And  no  school  shall  receive  aid  from  this  appropriation  unless  the 
district  in  which  such  school  is  located  does  now,  or  hereafter  shall, 
first,  levy  a  special  local  school  tax  of  at  least  two  mills  on  the  dollar 
of  the  taxable  property  in  such  district,  under  the  provisions  of 
Section  74  of  this  Act,  or  according  to  existing  law.  Schools  run- 
ning less  than  one  hundred  days  in  any  year  may  receive  aid  from 
this  extension  fund  in  amounts  equal  to  the  amounts  raised  by  spe- 
cial and  local  taxation,  not  to  exceed  one  hundred  dollars  for  any  one 


63 


STATE  APPROPRIATIONS. 

Sec.  63.  An  addition  of  $15,000  to  the  present  high  school  appro- 
priation. The  increased  number  of  high  schools  can  easily  utilize 
this  amount.  At  present  the  high  schools  of  Anderson,  Laurens  and 
Orangeburg  counties  cannot  be  granted  the  full  allowance  to  which 
they  are  entitled. 


Sec.  64.  A  continuation  of  the  policy  of  direct  appropriation  from 
the  State  Treasury  to  the  free  public  schools.  This  policy  was 
introduced  in  1909,  and  seeks  to  equalize  the  public  school  term  by 
increasing  the  length  of  the  school  session  in  weak  districts.  As  a 
result  179  districts  voted  local  levies  and  55  districts  increased  exist- 
ing levies  during  the  scholastic  year  1909-1910. 


64 

school  district-:  Provided,  That  where  two  or  more  schools  hereafter 
consolidate  and  employ  two  or  more  teachers  for  the  full  term,  an 
additional  one  .hundred  dollars  may  be  allowed  for  the  conveyance 
of  pupils  living  more  than  two  miles  from  the  consolidated 
school.  The  said  extension  fund,  to  be  appropriated  as  above 
provided  shall  not  become  available  in  any  school  district  except  upon 
a  petition  of  the  School  District  Board  of  Trustees  of  such  district 
asking  aid,  approved  and  countersigned  by  the  County  Superintend- 
ent of  Education  of  the  county  in  which  the  district  is  located.  All 
disbursements  of  said  appropriation  shall  be  made  by  the  State  Super- 
intendent of  Education  in  accordance  with  the  regulations  of  the 
State  Board  of  Education,  upon  duly  itemized  vouchers,  filed  with 
the  Comptroller  General :  Provided,  That  the  State  Superintendent 
of  Education  may  refuse  aid  to  any  school  or  school  district,  if  it  is 
made  to  appear  to  him  that  the  expenditure  would  be  unwise  ami 
detrimental  to  the  interest  of  free  school  education  in  such  district. 

Sec.  65.  All  dispensary  funds  now  in  the  hands  of  the  State 
Treasurer,  or  hereafter  to  be  paid  into  his  hands,  shall  constitute  a 
permanent  State  School  Building  Fund,  which  shall  be  paid  over  to 
the  Sinking  Fund  Commission  for  the  use  of  the  State,  upon  the 
Sinking  Fund  Commission  paying  interest  thereon  at  the  rate  of  six 
per  cent,  per  annum ;  or  shall  be  otherwise  invested  by  the  Sinking 
Fund  Commission  at  such  rate  of  interest.  The  income  derived 
from  the  Permanent  State  School  Building  Fund  shall  be  expended 
by  the  State  Board  of  Education  for  the  purpose  of  encouraging  and 
aiding  in  the  erection  of  adequate  free  public  school  buildings. 

Sec.  66.  Whenever  the  patrons,  friends  or  trustees  of  any  public 
school  in  any  school  district  in  any  county  in  this  State  shall  raise,  by 
private  subscription,  taxation,  issue  and  sale  of  bonds,  sale  of  old 
buildings  or  otherwise,  funds  for  the  construction  of  an  adequate 
school  building  in  their  district,  they  are  hereby  authorized  to  apply 
to  the  State  Board  of  Education  for  fifty  dollars  to  be  paid  them 
out  of  the  income  on  the  Permanent  State  School  Building  Fund, 
provided  for  in  Section  66  of  this  Act,  for  every  one  hundred  dol- 
lars so  raised  by  them  to  be  expended  on  such  school  building;  and 
at  the  same  time,  such  patrons,  friends  or  trustees  so  raising  said 
funds  for  the  construction  of  a  school  building,  may  apply  also  to 
the  County  Board  of  Education  of  their  county,  for  fifty  dollars  to 
be  paid  them  out  of  the  special  county  school  tax  provided  for  in 
Section  2?,  subdivision  3,  of  this  Act,  for  each  one  hundred  dollars 
so  raised  by  such  friends,  patrons  or  trustees  for  the  construction  of 


65 


Sec.  65.  A  continuation  of  the  policy  begun  in  1910.  This  use  of 
the  State  Dispensary  profits  meets  the  requirements  of  Section  12, 
Article  12,  of  the  Constitution,  and  would  lessen  any  annual  appro- 
priation that  might  be  made  by  the  General  Assembly  for  the  erec- 
tion of  adequate  school  buildings. 


Sec.  66.  Practically  old  law,  except  that  the  county  school  building 
fund  is  to  be  derived  from  the  special  county  tax  authorized  in  Sec- 
tion 22,  Subdivision  3,  and  not  as  at  present  from  the  constitutional 
school  tax  of  three  mills.  The  State  Superintendent  is  authorized 
to  approve  building  plans  in  order  that  the  handling  of  building 
applications  may  be  facilitated. 


66 

such  school  buildings ;  and  the  State  Board  of  Education  and  the 
County  Board  of  Education  are  hereby  authorized  and  empowered  to 
make  such  appropriations  from  said  school  funds  at  their  disposal, 
respectively,  under  the  provisions  of  Sections  66  arid  22  :  Provided, 
That  not  more  than  three  hundred  dollars  shall  be  appropriated  from 
each  of  said  funds  for  the  erection  of  any  one  school,  in  any  one 
district:  Provided,  further.  That  in  case  of  the  consolidation  of  two 
or  more  existing  schools  an  additional  bonus  of  fifty  dollars  from 
each  of  said  funds  may  be  granted  for  the  purpose  of  the  construc- 
tion of  such  school  building:  Provided,  further,  Tbat  the  plans  of 
such  school  building  shall  have  been  approved  by  both  the  County 
Board  of  Education  and  the  State  Superintendent  of  Education : 
Provided,  further,  That  all  private  subscriptions  shall  have  been  first 
deposited  with  the  County  Treasurer. 

Sec.  67".  The  income  upon  the  Permanent  State  School  Building 
Fund,  provided  for  in  Section  65,  shall  be  paid  out  by  the  State 
Treasurer  only  upon  the  warrant  of  the  Comptroller  General,  drawn 
upon  an  order  of  the  State  Board  of  Education,  signed  by  the  State 
Superintendent  of  Education,  under  the  authority  conferred  on  said 
Hoard  in  Section  66. 

Sec.  68.  Every  free  public  scool.  maintained  in  whole  or  in  part 
at  public  expense,  shall  be  allotted  by  the  School  District  Board  of 
Trustees  not  less  than  seventy-five  dollars  during  each  and  every 
scholastic  year  to  pay  the  teacher's  salary.  Whenever  the  regular 
funds  of  any  school  district  will  not  provide  seventy-five  dollars 
annually  for  the  maintenance  therein  of  one  separate  and  distinct 
school  for  the  pupils  of  each  race,  the  deficiency  shall  be  reported  to 
the  State  Superintendent  of  Education  on  or  before  the  first  day  of 
December.  Upon  receipt  of  this  report,  the  State  Superintendent  of 
Education  shall  investigate  the  affairs  of  the  school  district  in  which 
such  deficiency  exists,  and  if,  after  investigation,  he  concludes  that 
the  schools  in  said  district  need  and  deserve  additional  funds,  he  shall 
pay  to  the  County  Treasurer  of  the  county  in  which  said  school  dis- 
trict may  be  located,  for  the  use  of  said  school  district,  an  amount 
sufficient  to  give  to  one  school  for  each  race  in  said  district  the 
seventy-five  dollars  herein  required.  The  General  Assembly  shall 
annually  appropriate  out  of  the  State  Treasury  not  less  than  fifteen 
thousand  dollars  for  the  purpose  of  supplying  such  deficiencies. 
Such  appropriation  shall  be  paid  out  by  the  State  Treasurer  on  the 
warrant  of  the  Comptroller  General,  based  upon  duly  itemized  vouch- 
ers or  orders  of  the  State  Superintendent. 


67 


Sec.  67.  Old  law. 


Sec.  68.  The  present  law  contemplates  the  running  of  every  free 
public  school  at  least  three  months,  and  requires  that  such  school  be 
allowed  not  less  than  seventy-five  dollars  a  year.  This  deficiency 
appropriation  of  fifteen  thousand  dollars  will  guarantee  to  each 
school  district  a  separate  school  for  the  children  of  each  race  during 
a  term  of  at  least  three  months.  No  deficiency  will  be  recognized 
except  after  careful  investigation. 


68 

Sec.  6!).  The  sum  of  five  thousand  dollars  shall  be  appropriated 
annually  by  the  General  Assembly  to  be  expended  by  the  State  Board 
of  Education  in  the  establishment  and  enlargement  of  public  school 
libraries  under  such  rules  and  regulations  as  the  State  Board  of 
Education  may  prescribe. 

Sec.  70.  Whenever  the  patrons  or  friends  of  a  free  public  school 
shall  raise  not  more  than  twenty  dollars  nor  less  than  five  dollars  by 
private  subscription,  and  deposit  the  same  with  the  County  Treas- 
urer, with  the  approval  and  endorsement  of  the  School  District 
Board  of  Trustees  of  the  school  district  in  which  such  school  may 
be  located,  for  use  in  establishing  or  maintaining  a  library  in  such 
school,  the  County  Board  of  Education  shall  appropriate  from  the 
proceeds  of  the  special  county  tax,  authorized  to  be  levied  in  sub- 
division 3,  Section  22,  of  this  Act,  an  equal  amount.  The  County 
Superintendent  of  Education  shall  thereupon  inform  the  State  Super- 
intendent of  Education  of  such  appropriation  by  the  County  Boar;! 
of  Education.  The  State  Board  of  Education  shall  thereupon  send 
or  remit  to  the  County  Treasurer  of  the  county  in  which  such  school 
is  located  a  warrant  drawn  by  the  Comptroller  General,  on  the  order 
of  the  State  Board  of  Education,  requiring  the  State  Treasurer  to 
pay  out  of  the  funds  appropriated  in  accordance  with  the  provisions 
of  Section  69,  to  such  County  Treasurer  for  the  use  of  said  school, 
an  amount  equal  tc  the  sum  appropriated  by  the  County  Board  of 
Education.  All  three  of  which  sums  shall  be  placed  by  the  County 
Treasurer  to  the  credit  of  such  school,  and  used  by  the  trustees  of 
the  school  or  school  district  in  the  purchase  of  a  bookcase  or  of 
books  selected  from  a  library  list  adopted  by  the  State  Board  of 
Education.  Libraries  may  be  exchanged  between  schools :  Pro- 
vided, That  no  exchange  be  made  oftener  than  once  in  six  months, 
and  no  part  of  the  expense  incident  to  the  exchange  shall  be  borne 
by  the  public  funds. 

SCHOOL  TAXES. 

Sec.  71.  The  County  Boards  of  Commissioners,  or  such  other 
officers  as  may  be  vested  with  the  same  or  similar  powers  and  duties, 
shall  levy  an  annual  tax  of  three  mills  on  the  dollar  upon  all  taxable 
property  in  their  respective  counties,  which  shall  be  collected  at  the 
same  time  and  by  the  same  officers  as  other  taxes  for  the  same  year, 
and  shall  be  held  in  the  County  Treasury  of  the  respective  counties, 
and  paid  out  exclusively  for  the  support  of  the  free  public  schools. 
On  the  first  day  of  July  of  each  year,  or  as  soon  thereafter  as  practi- 
cable, the  fund  to  arise  from  said  tax  as  charged  upon  the  tax  dupli- 


69 
Sec.  69.  Old  law. 


Sec.  70.  A  simplification  of  the  present  law.  Under  this  section 
any  school  is  authorized  to  apply  for  library  aid  in  amounts  not  to 
exceed  twenty  dollars.  Library  appropriations  made  by  the  County 
Board  of  Education  must  be  taken  from  the  proceeds  of  the  special 
county  tax.  The  present  law  renders  a  correct  accounting  of  library 
funds  almost  impossible. 


SCHOOL  TAXES. 

Sec.  1 1.  This  section  contains  one  of  the  most  important  changes 
from  the  old  law.  The  County  Board  of  Education  is  required  to 
apportion  among  the  several  districts  of  the  county  the  proceeds  of 
the  three-mill  constitutional  tax  as  soon  as  the  tax  duplicates  can 
be  completed  by  the  Auditor  and  a  report  thereof  filed  with  said 
Board. 


70 

cates,  shall  be  apportioned  by  the  County  Boards  of  Education  among 
the  school  districts  of  their  respective  counties  in  proportion  to  the 
number  of  pupils  enrolled  in  the  public  schools  of  the  respective 
school  districts.  The  enrollment  for  the  purpose  of  apportioning 
the  said  three-mill  constitutional  tax  shall  be  ascertained  by  dividing 
the  total  number  of  days  present  of  all  the  pupils  during  the  whole 
session  or  term,  by  the  total  number  of  days  the  school  was  in  ses- 
sion, as  shown  by  the  annual  reports  of  the  teachers  to  their  County 
Superintendents  of  Education.  Each  teacher  in  a  day  school  or  a 
night  school  shall  enter  on  the  enrollment  list  of  the  school  register 
the  name,  residence,  sex,  age  and  the  date  of  entrance  of  each  pupil ; 
and  said  list  shall  be  filed  with  the  County  Superintendent  of  Educa- 
tion along  with  the  annual  report  of  the  school. 

Sec.  72.  There  shall  be  assessed  on  all  taxable  polls  in  the  State 
between  the  ages  of  twenty-one  and  sixty  years  (excepting  Confed- 
erate soldiers  above  the  age  of  fifty  years),  an  annual  tax  of  one 
dollar  on  each  poll,  the  proceeds  of  which  tax  shall  be  expended  for 
school  purposes  in  the  several  school  districts  in  which  it  is  collected. 

Sec.  73.  There  shall  be  levied  and  assessed  against  the  owners  of 
all  dogs  in  this  State,  a  capitation  tax  of  fifty  cents  annually  on  each 
dog,  the  proceeds  of  which  tax,  when  collected,  shall  be  expended  for 
school  purposes  in  the  school  district  in  which  it  is  collected.  The 
dogs  shall  be  returned  for  taxation  in  the  same  manner  and  at  the 
same  time  as  other  personal  property ;  and  the  capitation  tax  on  dogs 
provided  for  in  this  section,  shall  be  a  first  lien  in  favor  of  the 
school  district  on  all  property  owned  by  the  person  assessed,  and 
shall  be  collected  at  the  same  time  and  in  the  same  manner  as  other 
faxes  are  collected  ;  and  such  collection  may  be  enforced  by  execu- 
tion against  any  property  of  the  tax  payer  in  the  same  way  and  man- 
ner as  if  it  were  a  tax  assessed  against  that  specific  ^iece  of  property. 
\"o  dog  that  is  not  returned  for  taxation,  as  required  by  this  section, 
shall  lie  held,  in  any  court  of  this  State,  to  be  property. 

Sec.  1  I.  The  qualified  electors  of  any  school  district,  including 
high  school  districts  organized  under  the  provisions  of  Sections  l"> 
to  is.  inclusive,  of  this  Act,  are  authorized  to  levy  and  collect  an 
annual  tax  not  exceeding  eight  mills  on  the  dollar  on  all  taxable 
property  within  such  school  district,  to  supplement  the  school  funds 
of  the  district,  in  the  following  manner: 

1.  A  written  petition  shall  be  filed,  signed  by  one-third  of  the 
qualified  electors,  and  one-third  of  the  resident  freeholders,  of  the 
age  of  twenty-one  years;  or  in  a  school  district  of  five  hundred  or 


71 

This  new  definition  of  enrollment  should  increase  the  average 
attendance  of  pupils  in  every  school.  Under  this  definition  trustees 
and  teachers  should  endeavor  to  enroll  every  child  in  their  district-. 
and  to  keep  such  child  in  regular  attendance,  because  every  day's 
absence  on  the  part  of  any  pupil  will  reduce  the  school's  revenues, 
and  every  day's  attendance  will  increase  them. 


Sec.    H2.  Old    law.     Almost    identical   with    constitutional    provi- 
sions. 


Sec.  73,  Old  law.      Except  for  I  lorry  county,  where  the  capitation 
dog  tax  is  one  dollar. 


Sec.  74.  A  modification  of  old  law  so  as  to  allow  all  qualified  elec- 
tors to  vote  on  the  question  of  making  a  school  district  levy.  At 
present  only  such  electors  as  return  real  or  personal  property  for 
taxation  are  entitled  to  participate  in  these  elections.  The  eight-mill 
levy  is  authorized  by  the  present  law. 

1.  Same  as  old  law,  except  as  to  petition  in  populous  districts. 

This  change  wdl   facilitate  the  voting  of  additional  taxes  in  cities 
and  towns. 


72 

more  qualified  electors  and  freeholders,  then  to  be  signed  by  one 
hundred  of  the  qualified  voters  and  by  one  hundred  or  one-third  of 
the  resident  freeholders  of  the  age  of  twenty-one  years,  with  the 
County  Board  of  Education,  asking  for  such  levy,  and  stating  the 
rate  of  the  levy  proposed,  not  exceeding  eight  mills,  as  above  stated. 

2.  The  County  Board  of  Education  shall  thereupon  order  the 
School  District  Board  of  Trustees  of  such  school  district  to  hold  an 
election  at  some  place  in  the  district,  to  be  designated  in  said  order, 
at  any  time  in  the  fiscal  year. 

3.  The  School  District  Board  of  Trustees  shall  thereupon  give 
notice  of  such  election,  and  ot  the  time  and  place  thereof,  in  some 
newspaper  published  in  the  county,  and  by  posting  such  notices  in  at 
least  three  public  places  within  such  school  district  for  two  weeks, 
unless  there  be  no  newspaper  published  within  the  county,  in  which 
event  the  posting  of  the.  notices  as  above  directed  will  suffice.  At 
such  election  the  Board  of  Trustees  shall  act  as  managers  of  the 
election.  Only  qualified  electors  residing  in  the  district  shall  be 
allowed  to  vote,  and  the  election  shall  be  conducted  as  provided  by 
law  for  general  elections. 

I.  At  such  election  each  elector  favoring  the  proposed  levy  shall 
cast  a  ballot  containing  the  word  '"Yes"  printed  or  written  thereon, 
and  each  elector  opposed  to  the  levy  shall  cast  a  ballot  containing  the 
word  "No"  printed  or  written  thereon. 

5.  The  said  trustees  acting  as  managers  of  the  election,  shall  count 
the  ballots,  and  declare  the  result  of  the  election;  subject  to  an 
appeal,  if  taken  within  ten  days  after  the  election,  to  the  County 
Board  of  Education,  whose  determination  of  the  question  on  appeal 
shall  be  final. 

6.  The  School  District  Board  of  Trustees  shall  make  a  record  of 
the  steps  leading  to  the  election,  and  of  the  declaration  of  the  result 
thereof,  a  duplicate  of  which  record  shall  be  filed  with  the  County 
Superintendent  of  Education,  and  be  kept  in  his  office. 

7.  Within  twenty  days  after  such  election,  if  the  majority  of  those 
voting  shall  have  voted  in  favor  of  the  proposed  levy,  the  School 
District  Board  of  Trustees  shall  furnish  the  County  Auditor  with  a 
written  statement  or  certificate  as  to  the  amount  of  such  levy,  and 
said  County  Auditor  shall  enter  the  same  upon  the  tax  duplicate  as  a 
tax  upon  the  taxable  property  in  such  school  district.  Each  year 
thereafter  the  County  Auditor  shall  annually  enter  such  levy  as  a  tax 
against  said  property  in  the  tax  duplicates  until  such  tax  shall  be 
increased,  decreased,  or  repealed  by  a  majority  vote  of  the  electors 


73 


3.  Old  law. 


3.  Old  law. 


4,  Old  law. 


5.  A  modification  of  old  law,  intended  to  insure  local  control. 


6.  Change  from  old  law. 


7.  A  change  from  old  law  as  to  time  of  requiring  the  County- 
Auditor  to  place  new  levies  on  the  tax  books.  After  the  duplicates 
for  the  year  have  been  made  up  it  is  almost  impossible  to  enter  alter- 
ations as  required  by  old  law. 


74 

of  such  district,  at  an  election  ordered,  and  held  in  the  same  manner 
as  above  prescribed.  If  such  tax  shall  be  either  increased  or 
decreased  by  such  subsequent  election,  the  County  Auditor  shall 
annually  enter  the  increased  or  decreased  tax  upon  the  tax  duplicate, 
until  it  shall  have  been  again  altered,  or  repealed  by  a  vote  of  such 
electors  at  another  election  held  as  above  prescribed.  Such  tax  may 
tfe  levied,  increased,  decreased,  or  repealed  after  the  tax  duplicates 
for  tl;e  district  have  been  made  up  and  completed  by  the  County 
Auditor ;  but  in  such  event,  the  levy,  increase,  decrease  or  repeal 
shall  not  take  effect  until  the  ensuing  fiscal  year.  In  the  event  that 
any  such  levy  shall  be  invalid  because  of  a  failure  to  comply  with  the 
provisions  of  law,  the  Comptroller  General  rnay,  with  the  consent  of 
the  State  and  County  Superintendents  of  Education,  authorize  the 
County  Treasurer  to  abate  the  same. 

8.  Such  -taxes '-when  levied  shall  be  a  lien  on  all  taxable  property 
within  tbe  school  -district,  and  shall  be  collected  at  the  same  time  and 
in  the  same  manner  as  other  school  and  county  taxes. 

9.  The  County  Auditor  shall  give  written  notice  to  the  chairman  of 
the  School  District  Board  of  Trustees,  the  County  Superintendent  of 
Education,  and  the  State  Superintendent  of  Education  of  any  change, 
alteration,  or  repeal  of  the  levies  made  under  this  section  and  when 
such  levy,  change,  alteration  or  repeal  was  made  subsequent  to,  and 
too  late  for  entry  on.  the  tax  duplicates. 

10.  Any  nonresident  tax  payer  in  any  school  district  levying  a  spe- 
cial tax  shall  be  entitled  to  a  credit  upon  fees  charged  him  for  the 
tuition  of  his  children  to  the  extent  of  such  special  tax  paid  by  him. 

11.  All  special  school  taxes,  when  collected,  shall  be  expended  as 
other  school  funds  of  the  school  district,  and  paid  out  by  the  County 
Treasurer  upon  warrants  drawn  by  the  School  District  Board  of 
Trustees,  countersigned  by  the  County  Superintendent  of  Education : 
Provided,  That  any  surplus  of  such  levy  remaining  in  the  hands  of 
the  County  Treasurer  at  the  expiration  of  any  scholastic  year  shall 
be  added  to  the  regular  school  funds  of  the  district,  and  shall  be  paid 
out  as  other  funds  of  such  district. 

SCHOOL  DISTRICT  BONDS. 

Sec.  75.  The  School  District  Boards  of  Trustees  arc  hereby 
authorized  and  empowered  to  borrow  money  on  behalf  of  their  dis- 
tricts, and  to  issue  and  sell  coupon  bonds  of  the  school  district, 
payable  to  bearer,  in  such  denominations  and  amounts  as  they  may 
deem  advisable,  not  to  exceed  in  the  aggregate  eight  per  cent,  of  the 


75 


8.  Old  law. 

!).  Addition  to  present  law. 


Id.  Old  law 


i  1.  Old  law  with  addition  of  proviso  making  surplus  carried  for- 
ward at  the  end  of  any  scholastic  year  a  part  of  the  regular  school 
funds  of  the  district. 


SCHOOL  DISTRICT  IJONDS. 

Sec.  ?5.  Practically  old  law,  except  that  such  bonds  may  aim  mm 
to  eight  per  cent,  instead  of  four  per  cent  of  the  assessed  valuation 
of  property  in  the  district. 


.    76 

assessed  valuation  of  the  taxable  property  in  such  school  district, 
and  bearing  a  rate  of  interest  not  exceeding  six  per  cent,  per  annum, 
payable  annually  or  semi-annually,  at  such  times  as  they  think  best : 
Provided,  That  the  question  of  issuing  such  bonds  be  first  submitted 
to  the  qualified  voters  of  such  school  district,  at  an  election  to  be 
held  upon  the  written  petition  of  one-third  of  the  qualified  voters 
and  one-third  of  the  resident  freeholders  of  the  age  of  twenty-one 
years,  approved  by  the  County  Board"  of  Education,  to  determine 
whether  said  bonds  shall  be  issued  or  not,  as  provided  in  Sections  76 
to  80,  inclusive,  of  this  Act:  Provided,  further.  That  before  any 
election  is  held  under  the  provisions  of  said  sections,  it  shall  be  the 
duty  of  the  School  District  Board  of  Trustees  to  have  a  survey  made 
of  the  school  district  by  some  competent  surveyor,  and  a  plat 
thereof  made  and  filed  in  the  office  of  the  Clerk  of  Court,  unless  such 
survey  has  already  been  made  and  is  on  file-  in  that  office. 

Sec.  76.  For  the  purpose  of  determining  the  question,  whether  the 
bonds  mentioned  in  Section  75,  shall  be  issued,  the  trustees  aforesaid, 
upon  the  filing  of  such  petition  with  them,  shall  order  an  election  to 
be  held  at  some  place  in  their  school  district  to  be  designated  by 
them  in  their  order,  on  the  question  whether  such  bonds  shall  be 
issued  or  not.  In  such  election  only  qualified  voters  residing  in  the 
school  district  shall  be  allowed  to  vote.  The  said  School  District 
Board  of  Trustees  shall  designate  the  time  and  place  of  such  election, 
and  give  notice  thereof  in  some  newspaper  published  in  the  county, 
and  by  posting  such  notices  in  at  least  three  public  places  within  such 
school  district  for  two  weeks,  unless  there  be  no  newspaper  pub- 
lished within  the  county,  in  which  event  the  posting  of  the  notices 
as  above  directed  will  suffice,  and  shall  appoint  the  managers  of  such 
election,  and  pay  them  the  same  per  diem  allowed  managers  of  gen- 
eral elections,  and  receive  and  canvass  the  returns  of  the  managers, 
and  declare  the  result  of  the  election.  A  record  of  the  steps  leading 
to  the  election,  and  of  the  returns  and  declaration  of  the  result  shall 
be  made  by  the  said  School  District  Board  of  Trustees,  and  filed  in 
the  office  of  the  County  Superintendent  of  Education  and  there 
recorded  in  a  book  to  be  kept  by  him. 

Sec.  77.  The  said  election  shall  be  by  ballot,  and  the  ballots  used 
shall  have  on  them  the  words  "For  Bonds"  or  "Against  Bonds." 
If  a  majority  of  the  votes  cast  at  such  election,  shall  be  for  the 
issuance  of  bonds,  the  same  may  be  issued,  but  they  shall  be  payable 
at  a  time  not  longer  than  twenty  years  from  the  date  of  issue  thereof, 
and  shall  not  be  sold  below  par,  and  the  entire  proceeds  of  their  sale. 


77 


Sec.  76.  Practically  old  law  with  addition  of  record. 


Sec.  77.  Practically  old  law. 


•    78 

or  money  borrowed  upon  them,  shall  be  used  by  said  School  District 
Trustees  for  the  purchasing  of  school  lots,  erecting  or  improving 
school  buildings,  equipping  or  maintaining  the  schools  of  such  dis- 
trict, or  paying  the  past  indebtedness  of  such  school  district,  and 
such  bonds  and  coupons  of  the  same  shall  constitute  a  lien  upon  the 
property  of  such  school  district.  All  bonds  issued  under  Sections 
«.')  to  80,  inclusive,  of  this  Act,  shall  be  signed  by  the  School  District 
Board  of  Trustees :  Provided,  That  the  signatures  of  said  trustees 
may  be  lithographed  or  engraved  upon  the  coupons  attached  to  any 
bond,  and  such  lithographed  signatures  shall  be  a  sufficient  signing 
of  such  coupons. 

Sec.  78.  It  shall  be  the  duty  of  the  county  officers  charged  with  the 
assessment  and  collection  of  taxes  to  levy  annually  upon  all  taxable 
property  within  the  limits  of  the  school  district  issuing  said  bonds,  a 
sum  sufficient,  both,  to  pay  the  interest  on  such  bonds,  and  to  provide 
a  sinking  fund  for  the  payment  of  said  bonds  when  due.  The  cou- 
pons on  said  bonds  shall  be  receivable  for  the  payment  of  school 
taxes,  other  than  the  poll  tax  and  the  constitutional  three-mill  tax  in 
such  school  district.  It  shall  be  the  duty  of  the  School  District 
Board  of  Trustees  of  such  school  district  to  certify  to  the  County 
Auditor  the  amount  of  special  tax  levy  to  be  made  for  purposes  men- 
tioned in  this  section,  and  the  Countv  Auditor  shall  enter  the  same 
upon  the  tax  duplicates  as  a  charge  against  the  taxable  property  in 
such  school  district.  The  said  tax  shall  be  annually  collected  at  the 
same  time  and  in  the  same  manner  as  other  school  and  county  taxes. 

Sec.  79.  The  proceeds  from  the  sale  of  all  school  bonds  issued  and 
sold  under  the  provisions  of  Sections  75  to  80,  inclusive,  of  this 
Act.  shall  be  deposited  with  the  County  Treasurer  of  the  county  in 
which  the  school  district  is  located,  and  shall  be  receipted  for  by 
such  County  Treasurer,  and  shall  be  paid  out  by  him  only  upon  the 
warrant  of  the  School  District  Board  of  Trustees  of  such  district, 
approved  by  the  County  Superintendent  of  Education. 

Sec.  80.  The  County  Treasurers  of  the  counties  in  which  the 
school  districts,  issuing  such  bonds  as  are  provided  for  in  Sections 
75  to  80,  inclusive,  of  this  Act,  are  situated,  are  directed  and  required 
to  deposit  all  moneys  belonging  to  the  sinking  fund  provided  for  in 
Section  ?8,  which  may  accumulate  under  the  provisions  of  said  sec- 
tions in  some  savings  institution  or  bank,  approved  by  the  School 
District  Board  of  Trustees  of  such  district  and  by  the  State  Bank 
Examiner,  at  the  best  rate  of  interest  that  he  may  be  able  to  obtain 
from  such  bank  until  the  said  bonds  mature:  Provided    however, 


79 


Sec.  78.  Practically  old  law. 


Sec.  79.  Old  law. 


Sec.  80.  Amendment  to  present  law  designed  to  guarantee  tin- 
payment  of  school  district  bonds  and  to  protect  the  tax  payers. 


80 

That  the  said  County  Treasurers  shall,  at  any  time,  at  the  direction 
of  said  Board  of  Trustees,  with  the  approval  of  the  State  Rank 
Examiner,  change  the  place,  bank  or  institution,  of  deposit  of  said 
funds. 

Sec.  81.  Nothing  in  this  Act  shall  be  construed  to  affect  any  bonds 
already  issued,  voted,  or  sold  by  any  school  district  under  the  author- 
ity of  special  Acts  of  the  General  Assembly. 

Sec.  82.  All  bonds  hereafter  issued  or  sold,  or  to  be  hereafter 
issued  or  sold  by  any  school  district  under  the  provisions  of  Sections 
75  to  80  of  this  Act,  shall  be  exempt  from  all  taxation  for  State, 
county,  municipal  or  school  purposes. 

Sec.  83.  Each  County  Treasurer  shall  make  out  and  forward  to 
the  State  Superintendent  of  Education  annually,  on  or  before  the 
15th  day  of  August,  a  certified  statement  showing  by  school  districts 
the  amount  of  poll  tax,  and  the  amount  of  all  other  school  taxes  col- 
lected by  him  for  the  fiscal  year  ending  on  the  31st  day  of  December 
next  preceding ;  and  should  any  County  Treasurer  fail  or  neglect  or 
refuse  to  make  and  forward  the  statement  as  herein  required,  the 
State  Superintendent  shall  make  a  written  complaint  to  the  Circuit 
Solicitor  for  the  county  in  which  said  Treasurer  resides,  who  shall 
prosecute  such  County  Treasurer  for  such  offense,  and,  upon  con- 
viction thereof,  such  County  Treasurer  shall  be  subject  to  a  fine  of 
not  more  than  five  hundred  dollars,  which,  when  collected,  shall  be 
used  for  school  purposes  in  his  county. 

Sec.  84.  The  State  Superintendent  may  advertise  for  bids  for  all 
printing  required  to  be  done  under  the  provisions  of  this  Act,  and 
let  the  contract  or  contracts  to  the  lowest  bidder  therefor,  who  shall 
be  required,  to  file  with  his  bid,  a  bond  in  double  the  amount  of  the 
bid,  with  surety  to  be  approved  by  said  State  Superintendent  of  Edu- 
cation, conditioned  for  the  faithful  performance  of  the  contract. 

Sec.  85.  The  members  of  the  State  Board  of  Education  appointed 
by  the  Governor,  the  members  of  the  County  Boards  of  Education, 
and  the  members  of  the  School  District  Boards  of  Trustees  shall  be 
exempt  from  militia  duty. 

Sec.  86.  Nothing  contained  in  this  Act  shall  be  construed  to 
repeal  the  special  Acts  of  the  General  Assembly  creating  special  and 
graded  school  districts,  unless  expressly  so  declared  herein. 

Sec.  87.  It  shall  be  unlawful  for  any  person  wilfully  or  unneces- 
sarily to  interfere  with  or  to  disturb  in  any  way  or  in  any  place  the 
students  or  teachers  of  any  school  or  college  in  this  State  attended  by 
women  or  girls;  and  it  shall  be  unlawful  for  any  person  to  loiter 


81 


Sec.  81.  Present  law. 


Sec.  82.  This  section  continues  the  present  law,  which  has  proved 
of  materia!  assistance  to  trustees  offering  school  district  bonds  for 
sale. 

Sec.  83.  Date  changed  from  November  1  to  August  15 ;  unless  the 
report  is  received  earlier  it  cannot  be  transmitted  in  proper  shape  to 
the  General  Assembly. 


Sec.  84.  Old  law. 


Sec.  85.  Old  law. 

Sec.  86.  An  important  provision  guaranteeing  to  special  districts 
organized  under  special  Acts  of  the  General  Assembly  and  includ- 
ing a  population  of  two  thousand  five  hundred  according  to  the 
United  States  census  of  1010,  a  continuance  of  the  privileges  con- 
ferred by  said  Acts,  except  the  right  of  text-book  adoption,  and  the 
use  of  school  funds,  where  the  claims  therefor  have  not  been 
approved  by  the  County  Superintendent  of  Education.  Every  free 
public  school  in  the  State  must,  under  this  Act,  use  the  text-books 
adopted  by  the  State  Board  of  Education  and  the  text-book  com- 
mission. 


'82 

about  such  school  or  college  premises  or  to  act  in  an  obnoxious  man- 
ner thereon.  Any  person  violating  any  of  the  provisions  of  this 
section  shall  be  guilty  of  a  misdemeanor,  and,  on  conviction  thereof, 
shall  pay  a  fine  of  not  less  than  ten  dollars,  or  be  imprisoned  in  the 
county  jail  for  not  less  than  ten  days. 

Sec.  88.  If  any  trustee,  teacher,  or  other  officer  or  employee,  con- 
nected in  any  way  with  the  public  schools  or  colleges  of  this  State, 
shall  knowingly  make,  or  cause  to  be  made,  any  false  entry  in  any 
report  to  a  public  official,  he  shall  be  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars,  or  by  impris- 
onment on  the  public  works  of  the  county  or  in  the  county  jail  for 
not  less  than  fifteen  nor  more  than  thirty  days  :  Provided,  That  noth- 
ing in  this  section  shall  forbid  the  punishment  of  such  person  for 
forgery  if  the  false  entry  be  made  in  such  circumstances  as  to  amount 
to  forgery  under  the  existing  law. 

Sec.  89.  Any  person  violating  the  provisions  of  Sections  31  or  56 
of  this  Act  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  punished  by  a  fine  of  not  more  than  one.  hundred 
dollars  or  be  imprisoned  for  not  more  than  thirty  days,  and  shall  be 
removed  from  his  office  or  employment. 

Sec.  90.  Whenever  in  the  school  law  of  this  State  any  act  or  fail- 
ure to  act  is  designated  as  a  misdemeanor  and  no  penalty  is  specified, 
it  shall  be  punished  by  a  fine  of  not  exceeding  one  hundred  dollars 
or  imprisonment  not  exceeding  thirty  days. 

Sec.  91.  Sections  418,  419,  420,  421,  423,  42  1,  128  and  429  of  the 
Criminal  Code,  Volume  II,  Code  of  Laws  of  South  Carolina,  1902, 
are  hereby  re-enacted  and  declared  to  be  a  part  of  the  school  law 
of  this  State. 

Sec.  92.  All  Acts  or  parts  of  Acts  inconsistent  with  this  Act  shall 
be.  and  the  same  are  hereby,  repealed. 


83 

Sec.  87.  An  addition  designed  to  protect  more  adequately  girls' 
colleges  and  all  female  pupils  of  the  free  public  schools. 


Sec.  88.  This  section  is  necessary  if  reliable  school  statistics  are  to 
be  secured. 


Sec.  89.  Old  law  with  penalty  added.     See  Sections  31  and  56. 


Sec.  90.  Addition  to  present  law. 


Sec.  91.  Criminal  provision.     Old  law. 


Sec.  92.  Essential  to  the  completeness  of  this  Act. 


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